Agenda packet — Union City City Council, April 9, 2024 (part 1 of 2)

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAMIE PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, April 9, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing Sofia Dangerfield For Her Outstanding Volunteer Service

3.b. Proclamation Recognizing Rosa Ortega For Her Outstanding Volunteer Service

3.c. Proclamations Recognizing Union City's Employee Of The Year Recipients For 2023

3.d. Proclamation Proclaiming April 2024 As Fair Housing Month

3.e. Presentation On BMX Bike Park Proposal From Bob Singer With Union City Bike Park Advocates

4. ORAL COMMUNICATIONS
City Council/RSA Agenda 1 Tuesday, April 9, 2024
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve The Minutes Of The March 26, 2024 City Council Special Meeting

5.c. Approve The Minutes Of The March 26, 2024 City Council Regular Meeting

5.d. Approve The Minutes Of The March 28, 2024 City Council Special Meeting

5.e. Adopt A Resolution Establishing The City Of Union City Electronic Claims Filing Policy

5.f. Adopt A Resolution Amending The FY 2023-2024 Master Fee Schedule To Add Fees Related To The Issuance Of Permits To Carry A Concealed Weapon (CCW)

5.g. Adopt A Resolution Initiating Proceedings For The Levy And Collection Of Assessments For The City-Wide Landscape & Lighting District No. 3 For Fiscal Year 2024/2025

5.h. Adopt A Resolution Authorizing The City Manager To Execute The Seventh Amendment To The Consulting Services
Agreement With HDR Engineering, Inc., In The Amount Of
$381,730, For A Total Contract Amount Of $891,623, To
Finalize The Plans, Specifications & Engineer's Estimate (PS&E), To Provide Bid Support During Advertisement, And To Provide Construction Support For The BART Pedestrian AtGrade Crossing Project, City Project No. 14-14

5.i. Adopt A Resolution Authorizing The City Manager To Execute The Second Amendment To The Consulting Services
City Council/RSA Agenda 2 Tuesday, April 9, 2024
Agreement With Advanced Mobility Group, In The Amount Of $72,000, For A Total Contract Amount Of $146,950, For OnCall Traffic Signal System Support, City Project No. 22-14

5.j. Adopt A Resolution Approving An Amendment To Update The Class Specification For The Classifications Of Assistant Planner And Associate Planner

5.k. Adopt A Resolution Approving And Authorizing The City Manager To Execute Side Letter Agreements To The
Memorandums Of Understanding With The Union City Police Officers Association And The Union City Police Management Association To Recognize Years Of Service And Sick Leave Accrued With Prior Agencies

6. PUBLIC HEARINGS

6.a. Public Hearing And Adopt Two Resolutions 1) Adopting An Addendum To The 2040 General Plan EIR And 2) Amending
The General Plan Land Use Diagram (Ag-24-001), And
Introduce An Ordinance Amending The Official Union City Zoning Map (A-24-001)

7. CITY MANAGER REPORTS

7.a. Waive Further Reading And Adopt An Ordinance Amending Union City Municipal Code Chapter 5.42, “Tobacco Retailers” And/Or Provide Further Direction

7.b. Presentation Of The Fiscal Year 2022-2023 Unaudited YearEnd General Fund Financial Results And Fiscal Year 2023- 2024 Mid-Year General Fund Financial Information And
Adoption Of A Resolution Approving Fiscal Year 2023-2024 Mid-Year General Fund Budget Amendments

7.c. Introduction Of An Ordinance To Amend Chapter 2.05 “Campaign Reporting Requirements” In The Union City
Municipal Code For Enhanced Clarity And Transparency In Campaign Reporting

7.d. Adopt A Resolution Of The City Council Of The City Of Union City Approving An Amended And Restated Employment
Agreement With Joan Malloy To Serve As City Manager And Approving An Amendment To The City’s Salary Schedule

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BY COUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None
City Council/RSA Agenda 3 Tuesday, April 9, 2024

14. ADJOURNMENT

MEETING INFORMATION
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.

Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impair.

ADDRESSING THE CITY COUNCIL
In Person Public Comment: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Members who wish to speak are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card nor identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please City Council/RSA Agenda 4 Tuesday, April 9, 2024
include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments will be e-mailed to the City Council and made publicly available.

Public Comment via Zoom: As indicated above, the public cannot address the Council via Zoom unless the City is required to provide such opportunity pursuant to AB 2449. In the event that members of the public are allow to participate via Zoom pursuant to AB 2449, the Mayor will make an announcement at the beginning of the meeting. Raise your virtual hand to notify the host that you would like to speak during the item that you wish to speak on.

CITY COUNCIL NORMS AND GUIDELINES (Resolution No. 6129-23; Adopted May 23, 2023) The City Council of the City of Union City comply with the following norms:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's direction.

6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.

7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.

10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

City Council/RSA Agenda 5 Tuesday, April 9, 2024

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.

City Council/RSA Agenda 6 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITY & RECREATION SERVICES DIRECTOR SUBJECT: PROCLAMATION RECOGNIZING SOFIA DANGERFIELD, CREATOR OF

THE COMMUNITY CLOSET AND THE MINDFUL MAMI COLLECTIVE,

FOR HER OUTSTANDING VOLUNTEER SERVICE

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Corina Hahn, Community & Recreation Services Director
Submitted by:

City Council/RSA Agenda 7 Tuesday, April 9, 2024
Corina Hahn, Community & Recreation Services Director
ATTACHMENTS:

Description Type
Proclamation - Sofia Dangerfield Attachment
City Council/RSA Agenda 8 Tuesday, April 9, 2024

CITY OF UNION CITY

PROCLAMATION

Proclamation Recognizing Sofia Dangerfield For Her Outstanding Volunteer Service

WHEREAS, the Community Closet is a grass roots program created by Sofia Dangerfield, and in collaboration with her team of volunteers and Community & Recreation Services that provides free clothing for all ages; including seasonal clothing to meet every day needs including clothing for school, job interviews, and employment; and WHEREAS, through volunteerism this program promotes the exchange of clothing, extending the use of clothing beyond its first owner while reducing impact on the environment, and aid those who are struggling with suitable clothing; and WHEREAS, the first Community Closet was held in September 2021 at Studio 11 in Union City and has since served over 4,000 community members throughout the Bay Area; and
WHEREAS, Sofia and her large team of dedicated volunteers, who make each Community Closet a huge success by helping create opportunities for community connections, promotion of self-respect and positive self-images by providing clean, quality clothing accessible to all, as well as volunteer opportunities for youth and adults to give back to their community in a meaningful way; and
WHEREAS, the City of Union City wishes to acknowledge the vision, leadership and commitment of Sofia Dangerfield and her team of volunteers for their contributions in volunteerism through the Community Closet and Mindful Mami Collective by providing opportunities to access free clothing, encouraging the reuse and reduction of materials in landfills, and promote the feeling of self-worth and pride in one’s appearance, and help foster a culture of support and encouragement that is uplighting to all involved; and NOW
THEREFORE, BE IT RESLVED BY the City Council of the City of Union City does hereby acknowledge and honor Sofia Dangerfield and the Community Closet volunteers for their valuable contributions to Union City citizens and beyond.

DATED: April 9, 2024

____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
JEFF WANG, Vice Mayor
____________________________________
JAIME PATINO, Councilmember
____________________________________
SCOTT SAKAKIHARA, Councilmember
____________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 9 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITYAND RECREATION SERVICES

DIRECTOR
SUBJECT: PROCLAMATION RECOGNIZING ROSAORTEGA FOR HER

OUTSTANDING VOLUNTEER SERVICE

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Corina Hahn, Community and Recreation Services Director Submitted by:

City Council/RSA Agenda 10 Tuesday, April 9, 2024
Corina Hahn, Community and Recreation Services Director ATTACHMENTS:

Description Type
Proclamation - Rosa Ortega Attachment
City Council/RSA Agenda 11 Tuesday, April 9, 2024

CITY OF UNION CITY

PROCLAMATION

Proclamation Recognizing Rosa Ortega for her Outstanding Volunteer Service

WHEREAS, April is National Volunteer Month, a month dedicated to recognizing the importance of volunteering and honoring the significant contributions volunteers make by generously donating their time and talents to worthy causes and to benefit others; and
WHEREAS, in 2014, Rosa Ortega started as a volunteer helping serve lunch to senior citizens at the Ruggieri Center in Union City; her early display of hard work, dependability and commitment to the center, its programs and members was vital and greatly appreciated; and
WHEREAS, over the last 10 years Rosa has volunteered over 7,000 hours and became an integral part of the success of the Ruggieri Center’s Healthy Lunch program and ensuring Union City seniors have easy access to nutritional meals; and WHEREAS, Rosa has played a significant role in the planning and implementation of the Ruggieri Center’s Healthy Lunch Program by organizing and monitoring the kitchen volunteer schedule, keeping inventory of kitchen supplies, and served as the main point of contact for nutrition program participants, while always providing a friendly face and a shoulder to lean on, and
WHEREAS, during the Pandemic closure in 2021, Rosa continued to volunteer by conducting wellness checks by phone, providing comfort with her friendly voice to seniors during those unsettled times, as well as resources for food and personal protective equipment and supplies; and
WHEREAS, when the Ruggieri Center re-opened in August of 2021, Rosa was the first volunteer to return in-person and aid in the distribution of senior “to-go” lunches; her strength, positive energy, and leadership motivated others to return to the center soon after; and
WHEREAS, Rosa continues to be a valued member of the Ruggieri Center team, she assists and supports participants and center staff; her efforts and commitment have helped the Ruggieri Center thrive and grow its membership to the highest level in 25 years; she now serves as the Center’s leader for the Farmers Market Food Distribution Program, sponsored by Tri - City Volunteers, and oversees smooth distribution to the 150+ residents waiting outside of the Ruggieri Center doors; and NOW
THEREFORE, BE IT RESOLVED BY the City Council of the City of Union City does hereby acknowledge and honor Rosa Ortega for her valuable contributions and commitment of volunteer services to the community of Union City.

DATED: April 9, 2024

Description Type
Proclamation In Recognition of Kelly Sipos, 2023 Police Department Employee of the Year
Attachment
Proclamation In Recognition of ValerieAvendano, 2023 General Government Employee of the Year
Attachment
Proclamation In Recognition of Rob Magbanua, 2023 Public Works/Community & Recreation Services Employee of the Year Attachment
City Council/RSA Agenda 13 Tuesday, April 9, 2024

CITY OF UNION CITY

PROCLAMATION

In Recognition of Kelly Sipos,
2023 Police Department Employee of the Year

WHEREAS, Kelly Sipos began her career with the Union City Police Department in 1991 as a Public Safety Dispatcher before transitioning to a Confidential Operations Assistant in 2016 and an Executive Assistant for the Chief of Police in 2021; and
WHEREAS, in her current capacity as an Executive Assistant to the Chief of Police, she is responsible for various confidential and complex administrative functions involving executive-level support. Her role includes significant demands requiring a high degree of sensitivity to confidential matters and classified materials; and WHEREAS, with over thirty-three years of experience and institutional knowledge, Kelly has developed an extremely unique and diverse skill set that has been instrumental in the Police Department’s overall success. Kelly's attention to detail is unrivaled, and crucial for her projects which are often viewed by large audiences, including UCPD’s Annual Report, City Council meetings, and various other civic gatherings; and

WHEREAS, Kelly demonstrates leadership through her positivity, integrity, modesty, creativity, and incredible work ethic, attributes instilled by her late mother, a retired Specialist for the San Joaquin County Sheriff's Office. Kelly leads others and makes those around her better, always accomplishing the mission while inspiring others and proactively finding ways to improve past practices with style and professionalism; and

WHEREAS, Kelly frequently carries out random acts of kindness discreetly, seeking no recognition and giving others credit for her hard work. Simply put, Kelly embodies 'Service from the Heart' by consistently going above and beyond in helping others.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby expresses its appreciation to Kelly Sipos for her service to the City of Union City and extends congratulations for the honor bestowed upon her as the “2023 Police Department Employee of the Year."

DATED: APRIL 9, 2024
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
JEFFREY WANG, Vice Mayor
_________________________________________
JAIME PATIÑO, Councilmember
_________________________________________
SCOTT SAKAKIHARA, Councilmember
_________________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 14 Tuesday, April 9, 2024

CITY OF UNION CITY

PROCLAMATION

In Recognition of Valerie Avendano,
2023 GENERAL GOVERNMENT Employee of the Year

WHEREAS, Valerie Avendano began her career with the City of Union City in the Economic and Community Department in 1998 and rose through the ranks, starting as a Building Permit Technician;

WHEREAS, Valerie is an invaluable member of the Building Division, and in her current capacity as the City’s Building / Code Compliance Coordinator, she is responsible for Supervising Building Division staff and also manages the City’s Code Enforcement activities; and WHEREAS, Valerie has played a key role in ensuring the Building Division has maintained its high standards of professionalism and customer service; and
WHEREAS, Valerie leads by example and demonstrates a strong work ethic. She possesses strong organizational skills and uses those skills to help improve internal processes; and WHEREAS, Valerie played a critical role in ensuring Building Division operations were not disrupted after the City experienced a devastating cyber-attack and during the pandemic when the City was forced to shut down to the public by quickly implementing new procedures to keep the Division functioning;

WHEREAS, during Valerie’s career at the City, she has received numerous compliments and accolades from City staff members, applicants, and vendors for her commitment to ensuring Division protocols are maintained, her ability to successfully resolve issues, and to always lending a helping hand to a co-worker in need.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby express its appreciation to Valerie Avendano for her service to the City of Union City and extends to her congratulations for the honor bestowed upon her as the 2023 General Government Employee of the Year.

DATED: APRIL 9, 2024

_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
JEFFREY WANG, Vice Mayor
_________________________________________
JAIME PATIÑO, Councilmember
_________________________________________
SCOTT SAKAKIHARA, Councilmember
_________________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 15 Tuesday, April 9, 2024

CITY OF UNION CITY

PROCLAMATION

In Recognition of Rob Magbanua,
2023 Public Works/Community & Recreation Services
Employee of the Year

WHEREAS, Rob Magbanua began his career with the City of Union City in the Community & Recreation Services Department in 2011 as a Seasonal Part-Time Staff, was promoted to a Part-Time Program Manager in 2014, and in 2015 became a full-time Recreation Coordinator for Community & Recreation Services; and

WHEREAS, in his current capacity as a Recreation Coordinator, he is responsible for Fitness & Personal Training Programs at the Mark Green Sports Center, Coordinating and Managing the March Superhero 5K Fun Run, responsible for developing and instructing the Parkinson’s Exercise Program, as well as managing the department’s social media accounts and capturing our department’s promotional videos and photographs; and
WHEREAS, Rob Magbanua has played a key role in the Community & Recreation Services Department’s creation of the Parkinson’s Exercise Program, where he has been instrumental in growing the program and fundraising for the Parkinson’s Foundation; and WHEREAS, Rob Magbanua possesses strong photography and videography skills that are critical to telling the story of what we do for the community through pictures and videos on the Union City website, social media accounts, and the CRS YouTube Channel; and

WHEREAS, during Rob Magbanua’s career at the City, he has received numerous compliments and accolades from City staff members, contractors, and vendors and has been honored by the Parkinson’s Foundation for the Mark Green Sports Center’s innovation, energy, and motivation by spreading awareness about Parkinson’s through classes and participation of the Annual Parkinson’s Moving Day Event; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby express its appreciation to Rob Magbanua for his service to the City of Union City and extends to his congratulations for the honor bestowed upon him as the 2023 Public Works/ Community & Recreation Services Employee of the Year.

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
City Council/RSA Agenda 17 Tuesday, April 9, 2024
ATTACHMENTS:

Description Type
Proclamation -April 2024 Fair Housing Month Attachment
City Council/RSA Agenda 18 Tuesday, April 9, 2024

CITY OF UNION CITY

PROCLAMATION
Proclaiming April 2024 As Fair Housing Month

WHEREAS, the passage of the Fair Housing Act in 1968 enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and

WHEREAS, the Fair Housing Act prohibits discrimination based on race, color, religion, sex, disability, familial status, and national origin, and

WHEREAS, fair housing is a positive community good, benefitting the environment and our social fabric; and WHEREAS, economic stability, community health, and human relations in all communities are improved by diversity and integration; and

WHEREAS, Fair Housing is integral to the ethical commitment of members of the National Association of REALTORS® and the Bay East Association of REALTORS® and is critical to the ability of all real estate professionals to serve their clients, customers and communities; and

WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness.

NOW, THEREFORE, the City Council of the City of Union City, does hereby proclaim the month of April, 2024 as “Fair Housing Month” in Union City, California, to establish Union City as an inclusive community committed to fair housing, and to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents of the State of California.

DATED this 9th day of April 2024
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
JEFF WANG, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 19 Tuesday, April 9, 2024

City Council/RSA Agenda 20 Tuesday, April 9, 2024
Agenda Item
ATTACHMENTS:

Description Type
PowerPoint Presentation - BMXBike Park Proposal Attachment City Council/RSA Agenda 21 Tuesday, April 9, 2024
Nurturing the spirit of the person and the community
Union City
City Council
4/9/24
https://unioncitybikeparkadvocates.org
City Council/RSA Agenda 22 Tuesday, April 9, 2024
Eli Singer
Doing a toboggan at the
Union City bike & skate park
City Council/RSA Agenda 23 Tuesday, April 9, 2024
 Union City Bike Park Advocates Inc. (UCBPA) is incorporated in California and received federal 501(C)(3) non-profit status in 2023  UCBPA Goals:
 Build and maintain a multi-use (though primarily BMX) bike park in Union City at the site previously used for the Alameda County Stables  Provide an open space for multi-generational outdoor
activity
 Promote helmet use Provide scholarship opportunities Bring the community together around something positive City Council/RSA Agenda 24 Tuesday, April 9, 2024
Dirt Jumpline Asphalt
4 Alternatives
City Council/RSA Agenda 25 Tuesday, April 9, 2024
Proposed
location
City Council/RSA Agenda 26 Tuesday, April 9, 2024

COUNTY PARCEL VIEW
Alameda County and East Bay Regional Park District (EBRPD) parcels Alameda county
EBRPD
EBRPD
Alameda county
6 City Council/RSA Agenda 27 Tuesday, April 9, 2024
5 7
City Council/RSA Agenda 28 Tuesday, April 9, 2024
X
X
8 Coordinates with Proposed Union City Bike Network
City Council/RSA Agenda 29 Tuesday, April 9, 2024
Milestones
• UCBPA gained 501(c)(3) status in October 2023• Site visits by city, county, EBRPD, and regional bike park advocates
• Two site assessments, conducted by the Santa
Cruz Mountain Trails Stewardship and American Ramp Company, regional leaders in the development of bike parks and trails • Discussions with potential corporate sponsors• Meeting 2/8/24 with County, City, and Park District leaders – very positive shared perspectives, seeds of partnership planted • Presentation 2/14/24 to UC Parks & Recreation
Commission
• Unanimous statement of general support
entered into meeting minutes
City Council/RSA Agenda 30 Tuesday, April 9, 2024
Alameda County District 2 Supervisor Elisa Marquez stance • Committed to leveraging her platform and resources to seeing this important community project move forwar
d
• This includes identifying county funds to support a park feasibility study
• Invites city leaders to contact her for additional information East Bay Regional Park District stance• In 2/8 meeting noted lack of major concerns and opportunities to continue to explore a partnership (Anna Alvarez, EBRPD Deputy GM)
• Open to MOU or lease agreement
City Council/RSA Agenda 31 Tuesday, April 9, 2024
Next steps
• Conduct the feasibility study• Solicit community input• Secure external fundingExpecting the above to move forward, my ask of the Council:• A non-binding statement of support• Consideration of the City of Union City being the lead agency
City Council/RSA Agenda 32 Tuesday, April 9, 2024
Thanks for your time
and attention!Questions?• Bob Singer• (510) 688 – 0918• [email protected]• https://unioncitybikeparkadvocates.org/ City Council/RSA Agenda 33 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: THAI NAM PHAM, CITY CLERK
SUBJECT: APPROVE THE MINUTES OF THE MARCH 26, 2024 CITY COUNCIL

SPECIAL MEETING
Approve the minutes.

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

City Council/RSA Agenda 34 Tuesday, April 9, 2024
Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 35 Tuesday, April 9, 2024
March 26, 2024 | 6:30 PM Page 1 of 2 City Council
Special Meeting Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, March 26, 2024
6:30 PM
City Hall - Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:30 PM.

2. ROLL CALL
Attendance Attendee Name
Present Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Absent None

3. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda
Mayor Dutra-Vernaci opened Oral Communications. There being no speakers, Mayor Dutra-Vernaci closed Oral Communications.

City Council/RSA Agenda 36 Tuesday, April 9, 2024
March 26, 2024 | 6:30 PM Page 2 of 2 City Council
Special Meeting Minutes

4. CITY MANAGER REPORTS

4.a. Receive Report Regarding Campaign Contribution Limits And Provide Further Direction
City Attorney Kokotaylo provided staff presentation and responded to Councilmember questions.

Motion: Direct staff to draft an ordinance amendment to revise the current campaign contribution limits by amending the individual or entity contribution maximum at $800.00 per election cycle, establishing a cap on contributions at $35,000 per city council district election and $70,000 for mayoral elections, and introduce an opt-out provision for maximum contributions of $100.00 per individual or entity.

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:55 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 37 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: THAI NAM PHAM, CITY CLERK
SUBJECT: APPROVE THE MINUTES OF THE MARCH 26, 2024 REGULAR MEETING Approve the minutes.

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
City Council/RSA Agenda 38 Tuesday, April 9, 2024
ATTACHMENTS:

Description Type
Action Minutes Resolution
City Council/RSA Agenda 39 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 1 of 7
City Council / Successor Agency
Regular Meeting Minutes

MINUTES

CITY OF UNION CITY / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, March 26, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
The meeting was called to order by Mayor Dutra-Vernaci at 7:08 PM.

1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the Pledge of Allegiance.

1.b. Roll Call
Attendance Attendee Name
Present Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Absent None

2. UNFINISHED BUSINESS
There were none.

City Council/RSA Agenda 40 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 2 of 7
City Council / Successor Agency
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3. PROCLAMATIONS AND PRESENTATIONS

3.a. Introduction Of New And Promoted Employees For 2023 Human Resources Director Jason Castleberry provided staff presentation.

3.b. IT Department Strategic Plan Update
IT Services Director Mario Vallejo provided staff presentation and responded to Councilmember questions.

4. ORAL COMMUNICATIONS
Mayor Dutra-Vernaci opened Oral Communications. The following speaker spoke on items that were not on the agenda:

Wendy Huang
There being no further speakers, Mayor Dutra-Vernaci closed Oral Communications.

5. CONSENT CALENDAR
Motion: Approve the Consent Calendar.

RESULT: Pass
MOVER: Councilmember Patiño
SECONDER:Councilmember Singh
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

5.a. Approve The Minutes Of The February 27, 2024 City Council Special Meeting
A motion was made to approve the minutes.

5.b. Approve The Minutes Of The February 27, 2024 City Council Regular Meeting
A motion was made to approve the minutes.

5.c. Adopt A Resolution To Formalize The Digital Preservation Of City Minutes, Resolutions, And Ordinances As Official Policy And Designate Docuware As The Trusted Electronic Document
Management System (EDMS)
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6266-24
City Council/RSA Agenda 41 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 3 of 7
City Council / Successor Agency
Regular Meeting Minutes

5.d. Adopt A Resolution Approving An Amendment To Update The Class Specifications For The Classifications Of Maintenance I - Parks and Grounds, And Budget Manager/Purchasing Agent
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6267-24

5.e. Adopt A Resolution Authorizing The Acceptance Of FY 2022-2023 SB 1383 Grant Funds From CalRecycle, In The Amount Of
$180,941, And Amending The FY 2023-2024 City Manager’s Office, Solid Waste And Recycling Program Budget
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6268-24

5.f. Adopt A Resolution Approving The Consulting Services Agreement With California Wood Recycling, Inc. dba Agromin, For A Not-ToExceed Amount Of $240,000 Through December 31, 2026 For Compost Procurement Services And Compost Delivery To The City To Facilitate Compliance With SB 1383 Compost Procurement Regulations And Authorizing The City Manager To Approve Up To Three One-Year Extensions In An Additional Amount Not To Exceed $270,000
A motion was made to adopt the resolution.

Enactment No.: Resolution No. 6269-24

6. PUBLIC HEARINGS
There were none.

7. CITY MANAGER REPORTS
Mayor Dutra-Vernaci requested that Item 7.b. be moved ahead of 7.a. Her request received unanimous support.

7.b. Policy Direction Regarding The Franchise Agreements For Landfill, Compost, And Recycle Collection Services
Recycling & Solid Waste Program Manager Cliff Feldman provided staff presentation and responded to Councilmember questions.

Mayor Dutra-Vernaci opened Public Comment. The following members spoke on the item:

Mary Schlarb
Susan Peinado
Jason Toro
Subru Bhat
Joe Chu
Michael Gross
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.

City Council/RSA Agenda 42 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 4 of 7
City Council / Successor Agency
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Motion: Approve a 10-year contract extension with Republic Services and Tri-City Economic Development Corporation (TriCED) from July 1, 2025, through June 30, 2025, with the condition that all parties, along with the City, revisit and explore possibilities for cost adjustments to reduce rates.

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER:Councilmember Patiño
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

7.a. Introduction Of Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers”
City Attorney Kokotaylo provided staff presentation and responded to Councilmember questions.

Mayor Dutra-Vernaci opened the Public Comment. The following speakers spoke on the item:

Luis Santos Hernandez
Deborah Chhun
Thanawat Boohtheng
Dream Magampo
Jeremiah Duong
Mary Ann de Gracia
Aditya Indla
Krupa Singampalli
Camille Cummings
Alyssa Mamaclay
Lucine Mokahel
Liz Williams
Arjun Singampalli
Bob Gordon
There being no further speakers, Mayor Dutra-Vernaci closed Public Comment.

Motion: Introduce the ordinance amending the Municipal Code Chapter 5.42 “Tobacco Retailers” with the exemption for reusable vapes removed within the language.

RESULT: Fail
MOVER: Councilmember Sakakihara
SECONDER: Mayor Dutra-Vernaci
AYES: Councilmember Sakakihara and Mayor Dutra-Vernaci
NOES: Councilmember Patiño, Singh, and Vice Mayor Wang
City Council/RSA Agenda 43 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 5 of 7
City Council / Successor Agency
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ABSENT: None
ABSTAIN: None
Motion: Waive Further Reading and introduce by title only the proposed ordinance amending Union City Municipal Code Chapter

5.42, “Tobacco Retailers.”
RESULT: Pass
MOVER: Councilmember Patiño
SECONDER: Councilmember Singh
AYES: Councilmember Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None

7.c. Presentation Of The Fiscal Year 2021-2022 Year-End Financial Results And Adoption Of A Resolution Authorizing The Use Of 50% Of The General Fund's Fiscal Year 2021-2022 Unanticipated Savings To Fund Unfunded Liabilities
Finance Director Jackie Acosta provided staff presentation and responded to Councilmember questions.

Mayor Dutra-Vernaci opened the Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.

Motion: Receive and file the staff report and adopt the attached resolution authorizing staff to use $473,442 to pay down a portion of the City’s unfunded pension and/or OPEB liabilities.

RESULT: Pass
MOVER: Councilmember Singh
SECONDER: Councilmember Sakakihara
AYES: Councilmember Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None

Enactment No.: Resolution No. 6270-24

7.d. Adopt A Resolution Approving An Exception To The 180-Day Waiting Period For Post-Retirement Employment And Approving An Employment Agreement With Retired Annuitant Laurie
Radovich
Human Resources Director Jason Castleberry provided staff presentation.

Mayor Dutra-Vernaci opened the Public Comment. There being no speakers, Mayor Dutra-Vernaci closed Public Comment.

City Council/RSA Agenda 44 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 6 of 7
City Council / Successor Agency
Regular Meeting Minutes
Motion: Adopt a Resolution approving an exception to the 180-day waiting period for post-retirement employment, and approve an Employment Agreement with retired annuitant Laurie Radovich to serve as an Extra Help Transit Coordinator.

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER:Councilmember Singh
AYES: Councilmember Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None

Enactment No.: Resolution No. 6271-24

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
There were none.

9. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported his attendance to the Cal Cities Latino Caucus Meeting, Cal Cities East Bay Meeting, and Cal Cities Policy Committee.

Councilmember Sakakihara reported on his attendance at the New Haven Subcommittee meeting, the Economic Development Advisory Team as an attendee, and the Parks and Recreation Commission meeting.

Councilmember Singh reported on the Human Relations Commission and the Economic Development Advisory Team.

Vice Mayor Wang reported his attendance to the Chamber of Commerce, New Haven Unified School District Joint Sub-Committee, Economic Development Advisory Team, National League of Cities Congressional Conference, Cal Cities Public Safety Committee, and Alameda County Waste Management Authority.

Mayor Dutra-Vernaci reported on the Metropolitan Transportation Commission.

10. GOOD OF THE ORDER
Councilmember Patiño reported his attendance at a community meeting at Torrey Pines residents at Studio 11, National League of Cities Conference, reception at the Library of Congress, food distribution at St. Anne’s., Spectrum’s Senior Lunch Program.

Councilmember Sakakihara shared his involvement in community activities, including a mock congress at IBCMS, celebrating Women's Day, and participating in Spectrum’s Senior Lunch Program. He requested the Council to agendize an examination of potential relief for a resident facing a $17,000 affordable housing fee for a home addition. This includes City Council/RSA Agenda 45 Tuesday, April 9, 2024
March 26, 2024 | 7:00 PM Page 7 of 7
City Council / Successor Agency
Regular Meeting Minutes
considering adjustments to the definition of capital space, increasing the exemption square footage above 500 for home additions, and specifically focusing on owner-occupied additions. He also called for analyzing the potential financial impacts of such changes on the City. His request received unanimous support from the Council.

Councilmember Singh reported his attendance at the Shri Guru Ravidass Ji Maharaj celebration.

Vice Mayor Wang reported meeting with Embarc and Republic Services.

11. CLOSED SESSION

11.a. Conference with Labor Negotiators (Pursuant to
Government Code Section 54957.6) Agency Designated
Representatives: Kristopher J. Kokotaylo, City Attorney; Mayor Dutra-Vernaci Unrepresented Employee: City Manager
Mayor Dutra-Vernaci reported no reportable action on the item listed above.

12. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 10:27 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council/Successor Agency to the Redevelopment Agency of the City of Union City.
/s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 46 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: THAI NAM PHAM, CITY CLERK
SUBJECT: APPROVE THE MINUTES OF THE MARCH 28, 2024 CITY COUNCIL

SPECIAL MEETING
Approve the minutes.

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
City Council/RSA Agenda 47 Tuesday, April 9, 2024
ATTACHMENTS:

Description Type
Action Minutes Attachment
City Council/RSA Agenda 48 Tuesday, April 9, 2024
March 28, 2024 | 7:00 PM Page 1 of 3
City Council
Special Meeting Minutes

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH, Councilmember (District 1)
JAMIE PATIÑO Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Thursday, March 28, 2024
7:00 PM
City Council Chambers
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:03 PM.

2. ROLL CALL
Attendance Attendee Name
Present Councilmember Patiño
Councilmember Sakakihara
Councilmember Singh
Vice Mayor Wang
Mayor Dutra-Vernaci
Absent None

City Council/RSA Agenda 49 Tuesday, April 9, 2024
March 28, 2024 | 7:00 PM Page 2 of 3
City Council
Special Meeting Minutes

4. CITY MANAGER REPORTS

4.a. Accept The Business Tax Analysis Report Prepared By HdL Companies And Provide Broad-Based Policy Direction On Next Steps To Inform The Placement Of Potential Revenue Measures On The November 2024 Ballot
City Manager Joan Malloy and Operations Director Eric Myers from HdL Companies delivered a presentation to the Council. President Bryan Godbe from Godbe Research was also in attendance. The Council discussed the results of the Business Tax Analysis Report and staff recommendations. Staff, Mr. Myers, and Mr. Godbe responded to councilmember questions.

Council accepted the business tax analysis report and agreed upon the following staff recommendations and provided direction:
 Shift all classifications to a gross receipts tax structure;  Simplify and consolidate to nine categories;
 Advancement of a differential rate model across these categories, with a commitment to seeking further data;
 Maintain the existing minimum tax rates with annual CPI adjustments, though with further Council discussion, some flexibility should be considered for possible adjustments to the minimum tax; and
 Request additional analysis and suggestions regarding the staff’s advice to phase in the new tax rates.

Additionally, the Council instructed staff to engage in a second phase of community surveying, focusing on utility users and business license taxes.

City Manager Malloy indicated to the City Council that staff would proceed with developing additional rate structures for the business license tax for the Council to consider.

4.b. Adopt A Resolution Approving The Formation Of, And The Mayor’s Appointment Of Two Councilmembers To, An Ad Hoc Subcommittee To Evaluate And Provide Recommendations On The Second Phase Community Survey To Inform The Placement Of Potential Revenue Measures On The November 2024 Ballot
Council waived staff presentation.

City Council/RSA Agenda 50 Tuesday, April 9, 2024
March 28, 2024 | 7:00 PM Page 3 of 3
City Council
Special Meeting Minutes
Motion: Adopt a resolution approving the formation of an Ad Hoc Subcommittee to evaluate and provide recommendations on the second phase community survey to inform the placement of potential revenue measures on the November 2024 ballot and appointing Councilmembers Patiño and Sakakihara to the
Subcommittee.

RESULT: Pass
MOVER: Mayor Dutra-Vernaci
SECONDER: Vice Mayor Wang
AYES: Councilmembers Patiño, Sakakihara, Singh, Vice Mayor Wang, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None

Enactment No.: Resolution No. 6272-24

5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:04 PM.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Union City. /s/Thai Nam Pham, MMC, CPMC
City Clerk
City Council/RSA Agenda 51 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: THAI NAM PHAM, CITY CLERK
SUBJECT: ADOPT A RESOLUTION ESTABLISHING THE CITYOF UNION CITY

ELECTRONIC CLAIMS FILING POLICY
Staff recommends that the City Council adopt a resolution to establish the City of Union City's Electronic Claims Filing Policy. This policy responds to the community's evolving needs and advancements in digital technology. By allowing claims to be filed electronically, the City aligns with modern practices, enhancing the accessibility and efficiency of services provided.

STRATEGIC PLAN ALIGNMENT
Goal B, Governance and Organization Effectiveness: Produce high-quality services to the community through a commitment to local government best practices and employee development, support, and retention.

Strategy 12. Increase staff efficiency and responsiveness by improving the design of and access to self-service options for the public and employees (e.g., human resources portals, permit system, customer service portals)

BACKGROUND
To modernize services and align with recent changes in state law, staff proposes adopting a resolution that allows for the electronic submission of claims against the City. This initiative responds to the Government Claims Act, which requires a written claim submission before initiating a lawsuit for damages against a public entity. With the state legislature's approval of Senate Bill (SB) 1473, local public entities are now allowed to accept electronic claims submissions if authorized through an ordinance or resolution. This bill enables a more efficient claims process, allowing for electronic correspondence regarding claims and further simplifying procedures for both claimants and the City.

DISCUSSION
City Council/RSA Agenda 52 Tuesday, April 9, 2024
The proposed resolution and the accompanying policy detail the process for submitting claims electronically, including the information claimants must provide and the method for electronic correspondence regarding claims.

Adopting this policy streamlines internal processes, reflecting the City's commitment to embracing technological solutions to improve operations. This initiative responds to state legislative changes, specifically Senate Bill (SB) 1473 in 2020, allowing local public entities to accept electronic claims submissions.

Implementing this policy marks a step toward modernizing the City's services, reducing paper waste, and simplifying the claims process for the City and the public.

FISCAL IMPACT
Transitioning to electronic claims processing is expected to reduce administrative costs and material waste associated with traditional paper-based submissions. The exact savings will be determined as the policy is implemented, depending on the volume of claims processed electronically.

RECOMMENDATION
Staff recommends that the Council adopt the attached resolution establishing the City of Union City’s Electronic Claims Filing Policy.

Prepared by:

Thai Nam Pham, City Clerk
Submitted by:

Thai Nam Pham, City Clerk
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Exhibit A - Electronic Claims Filing Policy Exhibit
City Council/RSA Agenda 53 Tuesday, April 9, 2024
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF UNION CITY ESTABLISHING THE CITY OF UNION

CITY ELECTRONIC CLAIMS FILING POLICY
WHEREAS, the Government Claims Act, pursuant to California Government Code section 945.4, requires that claimants present the City with a written claim before commencing a lawsuit for damages; and
WHEREAS, California Government Code section 915(a)(3) allows for electronic submission of claims if the City adopts a resolution establishing requirements for such submissions; and
WHEREAS, adopting an electronic claims filing policy will streamline the claims process, making it more efficient for both the city and claimants; and WHEREAS, electronic processing is consistent with modern business practices and supports the City's sustainability goals by reducing paper use; and WHEREAS, obtaining claims and other documents electronically reduces staff time and material waste compared to mailing and handling hard copy claims; and WHEREAS, this Electronic Claims Filing Policy outlines the means by which the City will accept electronic claims, the information required for each claim, the consequences for not providing all required information, and the method of sending notices regarding such claims.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby adopts the attached City of Union City Electronic Claims Filing Policy, herein attached as Exhibit A, establishing the procedure for electronic claim submissions and related communications.

City Council/RSA Agenda 54 Tuesday, April 9, 2024
Resolution No. XXXX-24
Establishing Electronic Claim Filing Policy

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9th day of April by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Exhibit A – City of Union City Electronic Claims Filing Policy City Council/RSA Agenda 55 Tuesday, April 9, 2024
UCCP #
Adopted: April X, 2024
CITY COUNCIL POLICY Page 1 of 2
Electronic Claims Filing Policy
I. Purpose and Scope
a. This policy establishes the process by which individuals and entities may submit claims electronically to the City of Union City ("City").
b. The Government Claims Act requires that a claimant submit a written claim to the entity before bringing a lawsuit for damages against a public entity. Amendments to the Act allow cities to process claims electronically where authorized by resolution or ordinance. c. This policy, adopted by City Council Resolution No. XXXX-24, authorizes electronic claim processing, outlines the information required by the City for each claim, indicates the consequences of not providing all required information, and describes the method for sending claimants notices regarding electronically submitted claims. d. This policy does not mandate electronic filing; claimants may continue to submit claims by traditional means as prescribed by law.

II. Electronic Claim Submission Procedure
a. Submitting Electronic Claims: Claims may be submitted electronically to the City exclusively via the designated electronic claims submission portal located on the City's official website.
b. Required Information: Claimants must provide the following information for a claim to be considered complete:

City Council/RSA Agenda 56 Tuesday, April 9, 2024
UCCP #
Adopted: April X, 2024
CITY COUNCIL POLICY Page 2 of 2
i. Claimant Information:

1. Full name of the claimant.

2. Email address for correspondence.

3. Postal address.

4. Phone number available during business hours.
ii. Incident Details:

1. Date and time of the incident.

2. Location of the incident.

3. Detailed description of the incident and reasons the claimant believes the City is responsible.

4. Description of the damages or injuries sustained.
iii. Electronic Signature: Claims must include an electronic signature by the claimant or their authorized representative, affirming the truthfulness and accuracy of the claim. The claimant agrees, by signing electronically or by authorizing a third party to sign electronically on the claimant’s behalf, that:

1. The electronic signature will bind the claimant to the same extent as a handwritten signature;

2. The claim will not be signed with a handwritten signature; and

3. The City may ask the claimant to provide a handwritten signature in the future. c. Optional Information: Claimants are encouraged, if possible, to provide:
i. Names of any City employees involved, if known.
ii. Names and contact information of any witnesses.
iii. Any additional evidence supporting the claim, such as photos or documents. d. Consequences for Incomplete Submissions: Failure to provide all required information may delay claim processing, result in rejection, or impact the ability to bring a lawsuit against the City.
e. Notices and Correspondence: The City will send all notices and correspondence regarding the claim to the email address provided by the claimant. Claimants may specify an alternative email address for notices.

III. Amendments
This policy may be amended from time to time by resolution of the City Council to reflect changes in law, technology, or City procedures.

City Council/RSA Agenda 57 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JARED RINETTI, POLICE CHIEF
SUBJECT: ADOPT A RESOLUTION AMENDING THE FY 2023-2024 MASTER FEE

SCHEDULE TO ADD FEES RELATED TO THE ISSUANCE OF PERMITS

TO CARRYA CONCEALED WEAPON (CCW)
Staff recommends that the City Council adopt the attached resolution (Attachment No. 1) amending the FY 2023-2024 Master Fee Schedule to add fees related to the issuance of permits to carry a concealed weapon (CCW).

STRATEGIC PLAN ALIGNMENT
Goal C: Economic, Community development and Public Safety Strategy 13:Align public safety services with community needs

BACKGROUND
California Penal Code sections 26510 and 26155 provide that a Sheriff of a county or the Chief or other head of municipal police department of any city, or city and county, shall issue or renew a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person (Concealed Carry Weapon License).

The licensing authority specified in Penal Code sections 26150 and 26155 shall issue a license to persons who are not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Penal Code 26202, meet residential requirements, and have completed a course of training. Allapplicants for a Concealed Carry Weapon license will be fingerprinted and state and federal records will be checked to determine if they are eligible to possess firearms.

In the United States Supreme Court ruling in New York State Rifle & PistolAssociation v. Bruen (June 2022), it suggests states cannot place overly restrictive requirements on individuals seeking to obtain concealed carry permits, such as demonstrating a specific "good cause" or "proper cause" beyond a general desire for selfdefense. Instead, states may be required to adopt a less restrictive standard, such as a "shall-issue" policy City Council/RSA Agenda 58 Tuesday, April 9, 2024
where permits are issued unless there is a specific disqualifying factor.

Historically, the Alameda County Sheriff's Office handled CCW permitting throughout the county. Due to Sheriff’s Office staffing concerns, this responsibility has now been delegated to the individualcities throughout Alameda County. Effective March 2024, the Union City Police Department will be responsible for processing all CCW requests from citizens residing in Union City.

Obtaining a concealed carry weapon (CCW) permit in California comes with certain financial obligations.

These fees are required to cover the administrative costs associated with processing applications, conducting background checks, and ensuring the safety and security of individuals who are granted the privilege to carry a concealed firearm.

DISCUSSION
When applying for a CCW permit in California, applicants are required to pay an initial application fee. This fee is non-refundable, regardless of whether the application is approved or denied.

Initial Application Fee / Proposed Fee: $150. Penal Code Sections 21690(b)(1) and (b)(2) allow local authorities to request 50% of the CCW fee be collected at the time the application is filed. This fee is based on standard industry practice fees and required state fees (DOJ).

City Fee to be paid upon issuance: $150. Penal Code Sections 26190(b)(1) and (b)(2) allow the city to charge an additional fee in an amount equal to the reasonable costs for processing the application for a new license, license renewal, and issuing the license, and shall transmit the additional fee, if any, to the city.

Additionally, an employee's time to process a CCW is approximately 4 hours (database checks, live scan, applicant interview, reference interviews, possible follow up etc.). The calculated hourly pay is $71.92 x 4 hours = $287.68. Total reasonable cost for applicant to obtain CCW = $300 ($150 initial fee and $150 at issuance of CCW).

Renewal Fee: City Fee= $25 and State (DOJ) Fee = $52. The applicant will be required by law to renew their CCW every 2 years. The renewal fee is based on standard industry practice and required state fees (DOJ).

Duplication/Modification Fee = $10. The department will provide the applicant with an ID-type card as their CCW license. This proposed fee is if a new CCW license needs to be issued before the renewal date.

FISCAL IMPACT
The new fees related to the issuance of concealed weapon permits will have no net effect on the City's budget as the fees have been established to cover the City's cost of processing applications and issuing permits to carry a concealed weapon.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution (Attachment No. 1) amending the FY 2023-2024 Master Fee Schedule to add fees related to the issuance of permits to carry a concealed weapon (CCW).

City Council/RSA Agenda 59 Tuesday, April 9, 2024
Prepared by:

Brian Baumgartner, Police Captain
Submitted by:

Brian Baumgartner, Police Captain
ATTACHMENTS:

Description Type
CCW Fee Resolution Resolution
Update to FY2023-2024 Master Fee Schedule Exhibit
City Council/RSA Agenda 60 Tuesday, April 9, 2024
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY AMENDING THE FISCAL YEAR 2023-
2024 MASTER FEE SCHEDULE TO ADD FEES RELATED

TO THE ISSUANCE OF PERMITS TO CARRY A

CONCEALED WEAPON
WHEREAS, the City Council of the City of Union City is authorized to establish and amend fees pertaining to services provided by the City to the public; and WHEREAS, the City Council considered establishing fees to cover the City’s costs related to the issuance of permits to carry a concealed weapon at a duly noticed City Council meeting on April 9, 2024; and
WHEREAS, the City Council desires to add fees to cover the City’s costs for providing these new services, as authorized pursuant to the Union City Municipal Code; and WHEREAS, the fees approved by this resolution will stand until such time as amendments may be brought before the City Council for consideration.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby add fees for services as set forth in the Proposed Fee Schedule (Exhibit A), attached hereto and incorporated herein by reference.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 61 Tuesday, April 9, 2024
Exhibit A
City of Union City
Master Fee Schedule Update
Fiscal Year 2023-2024

TYPE OF FEE PROPOSED FEE JUSTIFICATIONS
Police Department
Division (if applicable or leave blank)
Application for a Permit to Carry a Concealed Weapon
Application Fee $300 (50% due upon application
and 50% due upon issuance of
permit)
New:

Renewal Fee
Biennial Renewal Fee $77 New:

Replacement Fee
To provide a replacement
permit
$10 New:

City Council/RSA Agenda 62 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY

AND COLLECTION OF ASSESSMENTS FOR THE CITY-WIDE
LANDSCAPE & LIGHTING DISTRICT NO. 3 FOR FISCALYEAR 2024-2025 Staff recommends that the City Council adopt the attached resolution initiating proceedings for the levy and collection of assessments for the Citywide Landscape & Lighting District No. 3 (LLAD No. 3) for FiscalYear 2024-2025.

STRATEGIC PLAN ALIGNMENT
The action is not an identified strategy in the Strategic Plan.

BACKGROUND
Every year the City Council undertakes the process to levy the Landscape and Lighting District assessments on property. In accordance with the Landscape and Lighting Act of 1972 and the California Government Code, the City Council is required to conduct a public hearing process regarding the levy of annual assessments for LLAD No. 3 for the upcoming fiscal year. As part of the three-step process, the City Council must: 1) initiate proceedings and direct the preparation of an Engineer’s Report; 2) subsequently hold a meeting to declare its intent to levy the assessments, accept the annual Engineer's Report, and set a public hearing; and 3) conduct a public hearing and confirm and levy the assessments.

DISCUSSION
The costs for services provided through LLAD No. 3 include those associated with street lighting and signalization, street median and backup landscape maintenance, street tree management, and parks maintenance within the city limits of Union City.

City Council/RSA Agenda 63 Tuesday, April 9, 2024
The City’s consultant, NBS, will prepare the annual Engineer’s Report, calculate the levy amounts, and prepare the assessment roll for the Fiscal Year 2024-2025. Following the preparation of the Engineer’s Report, at its meeting on May 28, 2024, staff will recommend to the City Council to approve the report and set a public hearing date. The City Council will subsequently hold a public hearing, currently planned for June 25, 2024, to hear any objections and consider approving the annualassessments for LLAD No. 3.

FISCAL IMPACT
There is no fiscal impact for the requested Councilaction to initiate the proceedings for the levy and collection of said LLAD No. 3 assessments.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution initiating proceedings for the levy and collection of assessments for the Citywide Landscape & Lighting District No. 3 (LLAD No. 3) for FiscalYear 2024/2025.

Prepared by:

Farooq Azim, City Engineer
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
City Council/RSA Agenda 64 Tuesday, April 9, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY INITIATING PROCEEDINGS FOR THE

LEVY AND COLLECTION OF ASSESSMENTS FOR THE
CITY-WIDE LANDSCAPE & LIGHTING DISTRICT NO. 3
FOR FISCAL YEAR 2024/2025
WHEREAS, the City Council of the City of Union City intends to renew the city-wide Landscape & Lighting District No. 3 (LLAD No. 3) to fund on-going maintenance of street lights and traffic signals, street median and landscape, street trees, and parks within the city limits of Union City; and
WHEREAS, the City Council of the City of Union City previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15, of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape & Lighting District No. 3 (the “District”); and WHEREAS, the City has retained NBS to prepare the annual Engineer’s Report, calculate the levy, and to prepare the assessment roll for the 2024/2025 fiscal year; and WHEREAS, the City Council of the City of Union City wishes to initiate proceedings for the levy of assessments for Fiscal Year 2024/2025 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements within the District.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL AS FOLLOWS:

1. Annual Report: The City Council of the City of Union City hereby orders NBS to prepare and file with the City Clerk the annual Engineer’s Report concerning the levy and collection of assessments within the District for the fiscal year commencing July 1, 2024, and ending June 30, 2025.

2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements, nor are there any items added to the list of improvements previously approved at the formation or subsequent annexations to the District.

City Council/RSA Agenda 65 Tuesday, April 9, 2024
Resolution No. XXXX-24
FY 2024/2025 Assessments for Landscape & Lighting District No. 3

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 66 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SEVENTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH HDR ENGINEERING, INC., IN THE AMOUNT OF
$381,730, FOR A TOTAL CONTRACT AMOUNT OF $891,623, TO FINALIZE

THE PLANS, SPECIFICATIONS & ENGINEER'S ESTIMATE (PS&E), TO

PROVIDE BID SUPPORT DURING ADVERTISEMENT AND TO PROVIDE

CONSTRUCTION SUPPORT FOR THE BART PEDESTRIAN AT-GRADE
CROSSING PROJECT, CITY PROJECT NO. 14-14
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $381,730, for a totalcontact amount of $891,623, to finalize the Plans, Specifications & Engineer's Estimate (“PS&E”), to provide bid support during advertisement, and to provide construction support for the BART Pedestrian At-Grade Pedestrian Crossing Project, City Project No. 14-14.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 2: Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.

BACKGROUND
Since the early 2000s, the vision of the Union City Intermodal Station Project is to create a two-sided BART Station with a new east entrance connecting to the Station District Area, a 30-acre plus planned TOD (TransitOriented Development) site along 11 th Street.

City Council/RSA Agenda 67 Tuesday, April 9, 2024
On March 25, 2014, the City Council adopted Resolution No. 4552-14 authorizing the City Manager to execute a Consulting Services Agreement, C3638, with HDR Engineering, Inc. (“HDR”), in the amount of $107,819, to begin the engineering design for the Railroad At-Grade Pedestrian Crossing at the Oakland Subdivision. This work included assistance with the new public at-grade crossing for pedestrians and bikes across the Union Pacific Railroad (“UPRR”) track and the required permit applications with the California Public Utility Commission (“CPUC”) and UPRR. The project also included coordination and securing approvals from BART.

On November 17, 2015, Union City executed the First Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $39,987, for a total contract amount of $147,806, for supplemental work required by UPRR to improve safety features in the design.

On August 15, 2016, Union City executed the Second Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $25,000, for a total contract amount of $172,806, to address unforeseen changes in scope from the review comments.

On September 13, 2016, the City Council adopted Resolution No. 4953-16 authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $82,762, for a totalcontract amount of $255,568, to complete the project design and implement UPRR and BART comments.

On September 12, 2017, the City Council adopted Resolution No. 5126-17 authorizing the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $32,000, for a total contract amount of $287,568, for Americans with Disabilities Act (“ADA”) ramp design changes for the at-grade pedestrian crossing design.

On February 25, 2019, Union City executed the Fifth Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $24,932, for a total contract amount of $312,500, for the supplemental survey and design changes required to eliminate the sump pump and re-routing of local drainage.

On July 9, 2019, the City Council adopted Resolution No. 5503-19, authorizing the City Manager to execute the Public At-Grade Pedestrian Crossing Agreement (C5376) with Union Pacific Railroad for the BART Pedestrian Crossing (DOT 859611R) at the Oakland Subdivision (MP 27.08) in the amount of $228,200 for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

On April 14, 2020, the City Counciladopted Resolution No. 5582-20, authorizing the City Manager to execute the Sixth Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $197,393, for a total contract amount of $509,893, for engineering design and preparation of the 100% PS&E (3 rd
Iteration)
for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

DISCUSSION
The Union City Intermodal Station Project has modified and reconstructed the existing 1970’s BART Station in phases. Phases 1A, 1B, 2 and 2A created a two-sided BART Station with a new east entrance from the Station District Area and a 30-acre TOD (“Transit-Oriented Development”) site along 11 th Street. The construction of the
Union City Intermodal Station, Phase 2A, to complete the BART Station building eastside improvement began in 2019 and included the widening and lengthening of the northbound station area platform, a new eastside stairway and new escalators. The final BART Station building modification was completed in 2022. Shortly after, UPRR installed the concrete railroad panels directly behind BART’s back door, defining the alignment of the Pedestrian At-Grade Crossing.

The completion of the pedestrian at-grade crossing will finally make the Union City BART Station a two-sided City Council/RSA Agenda 68 Tuesday, April 9, 2024
station, with a new concrete walkway across the existing UPRR tracks directly connecting to the East Plaza in the Station District Area. Concrete ramping, adjacent to the new walkway on each side of the railroad tracks, will be included to meet ADA requirements and safety enhancements will include flashing signals and safety gates.

On April 11, 2023, the City Council adopted Resolution No. 6100-23, authorizing the Third Amendment to the Consulting Service Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott (“GBS”), C5482d, in the amount of $80,000, to assist Public Works with negotiations with UPRR and the CPUC for required railroad and construction agreements for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

The consultant team of GBS, HDR and Rail Surveyors and Engineers, Inc., (“RSE”), along with Union City staff, have been meeting with UPRR on a quarterly basis over the past year and have recently received productive comments to finalize the project plans and to secure the construction agreement (identifying UPRR improvements and associated costs) required to advertise the project for construction for the railroad improvements on the Oakland Subdivision, including the new BART Pedestrian At-Grade Crossing, the Decoto Road At-Grade pedestrian improvements and the permanent closure of “I” Street.

The BART Pedestrian At-Grade Crossing Project includes a new pedestrian at-grade crossing across the UPRR (Oakland Subdivision) track directly to the east side of the Union City BART Station back door, creating a twosided station that includes a new sidewalk and new railroad signaland safety improvements at the Decoto Road atgrade railroad (Oakland Subdivision) crossing. The project also includes the permanent closure of the “I” Street at-grade railroad (Oakland Subdivision), a UPRR permit requirement for the new BART pedestrian at-grade crossing.

The construction estimate for the project is $7.2 million, which also includes UPRR costs for installation of concrete railroad panels, railroad signals, safety gates, signage, and signal timing improvements.

In December 2023, Union City submitted a grant application in the amount of $3.0 million for the Safe Routes to BART, Cycle 3 Program for the BART Pedestrian At-Grade Crossing Project. On March 1, 2024, BART staff notified the City that the BART Board of Directors was recommending the award of $3.0 million to the BART Pedestrian At-Grade Crossing Project and would provide draft funding agreement for our review. Public Works is currently working with BART staff on the funding agreement and plan for City Councilacceptance at an upcoming council meeting.

Union City has also submitted a grant application for an additional $3.0 million for the BART Pedestrian At-Grade Crossing Project to the Metropolitan Transportation Commission’s (“MTC”) Regional Measure 3 (Bridge Toll Funds), Dumbarton Corridor Program. This $120 million grant program has identified funding for projects along the Dumbarton/Decoto Corridor that support transit and rail improvements in counties of Alameda and San Mateo.

The Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $381,730, will allow HDR to finalize the PS&E by incorporating final comments from UPRR and the City, to prepare the bid package for advertisement, to assist with contractor questions during the advertisement period, to prepare amendments, to prepare a conformed PS&E package for construction, and to provide construction support, which includes responding to contractor’s technical questions, preparing the RFIs (Request for Information), Contract Change Orders (CCO) and As-Built Plans.

The anticipated project schedule for completion of the Final PS&E ready for advertisement is early summer 2024, and the award of the construction contract is anticipated for fall 2024. The project is projected to be completed by late 2025, with UPRR constructing all the railroad improvements and approving the opening date for public use of the new pedestrian at-grade crossing.

FISCAL IMPACT
City Council/RSA Agenda 69 Tuesday, April 9, 2024
The Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $381,730, will be funded with Public Improvement funds (Account Number 4160-3199-91414-54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to Fiscal Year 2027-2028, bringing the totalcontract amount to $891,623.

There is no impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $381,730, for a total contact amount of $891,623, to finalize the Plans, Specifications & Engineer’s Estimate (PS&E), to provide bid support during advertisement, and to provide construction support for the BART Pedestrian At-Grade Pedestrian Crossing Project, City Project No. 14-14.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 -Amendment No. 7 Attachment
City Council/RSA Agenda 70 Tuesday, April 9, 2024
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY AUTHORIZING THE CITY MANAGER TO EXECUTE THE

SEVENTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH HDR ENGINEERING, INC., IN THE AMOUNT OF
$381,730, FOR A TOTAL CONTRACT AMOUNT OF $891,623, TO
FINALIZE THE PLANS, SPECIFICATIONS & ENGINEER’S ESTIMATE (PS&E), TO PROVIDE BID SUPPORT DURING ADVERTISEMENT, AND

TO PROVIDE CONSTRUCTION SUPPORT FOR THE BART
PEDESTRIAN AT-GRADE CROSSING PROJECT, CITY PROJECT NO.
14-14
WHEREAS, the at-grade railroad crossing on the Oakland Subdivision will provide pedestrian and bicycle access across the Union Pacific Railroad (“UPRR”) tracks for an east-side connection to the Union City BART Station with the East Plaza and Transit-Oriented Development (“TOD”) area adjacent to 11th Street; and
WHEREAS, on March 25, 2014, the City Council adopted Resolution No. 4552-14 authorizing the City Manager to execute a Consulting Services Agreement with HDR Engineering, Inc. (“HDR”), in the amount of $107,819, to provide engineering design services for the railroad at-grade pedestrian crossing; and
WHEREAS, on November 17, 2015, Union City executed the First Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $39,987, for a total contract amount of $147,806, for supplemental work required by UPRR to improve safety features in the design; and
WHEREAS, on August 15, 2016, Union City executed the Second Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $25,000, for a total contract amount of $172,806, to address unforeseen changes in scope from the review comments; and
WHEREAS, on September 13, 2016, the City Council adopted Resolution No. 4953-16 authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $82,762, for a total contract amount of $255,568, to complete the project design and implement UPRR and BART comments; and
WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 5126-17 authorizing the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $32,000, for a total contract amount of $287,568, to incorporate design changes to the Americans with Disabilities Act (“ADA”) ramps; and
WHEREAS, on February 25, 2019, Union City executed the Fifth Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $24,932, for a total contract amount of $312,500, for the supplemental survey and the design changes required to eliminate the sump pump and re-routing of local drainage; and City Council/RSA Agenda 71 Tuesday, April 9, 2024
Resolution No. XXXX-24
Approval of $381,730 Increase for HDR Engineering Contract for BART Crossing Project

Page 2 of 3 ends

WHEREAS, on July 9, 2019, the City Council adopted Resolution No. 5503-19, authorizing the City Manager to execute the Public At-Grade Pedestrian Crossing Agreement (C5376) with Union Pacific Railroad for the BART Pedestrian Crossing (DOT 859611R) at the Oakland Subdivision (MP 27.08), in the amount of $228,200, for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14; and
WHEREAS, on April 14, 2020, the City Council adopted Resolution No. 5582-20, authorizing the City Manager to execute the Sixth Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $197,393, for a total contract amount of $509,893, for engineering design and preparation of the 100% Plans, Specifications & Estimates (“PS&E”) (3rd Iteration) for the BART Pedestrian At-Grade Crossing Project, City Project No. 14- 14; and
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 6100-23 authorizing the Third Amendment to the Consulting Services Agreement with William R. Gray and Company, Inc., DBA Gray-Bowen-Scott (“GBS”), C5482d, in the amount of $80,000, to assist Public Works with negotiations with Union Pacific Railroad and the California Public Utility Commission (CPUC) for required railroad and construction agreements the BART Pedestrian AtGrade Crossing Project, City Project No. 14-14; and WHEREAS, the consultant team of GBS, HDR and Railroad Surveyors and Engineers, Inc. (“RSE”), as well as Union City staff, have been meeting with UPRR on a quarterly basis over the past year and have recently received productive comments to finalize the project plans and to secure the construction agreement (identifying UPRR improvements and associated costs) required to advertise the project for construction for the railroad improvements on the Oakland Subdivision, including the new BART Pedestrian At-Grade Crossing, the Decoto Road At-Grade pedestrian improvements and the permanent closure of “I” Street; and WHEREAS, the railroad improvements proposed by UPRR include track improvements, concrete panels, warning devices, flashing signals and safety gates; and WHEREAS, the Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount $381,730, will allow HDR to finalize the PS&E, provide bid support during advertisement, and to provide design services during construction; and WHEREAS, the Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $381,730, will be funded with Public Improvement funds (Account Number 4160-3199-91414-54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to Fiscal Year 2027-2028.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City hereby authorizes the City Manager to execute the Seventh Amendment to the Consulting Services Agreement with HDR Engineering, Inc., in the amount of $381,730, for a total contract amount of $891,623, to finalize the PS&E, to provide bid support during advertisement, and to provide construction support for the BART Pedestrian At-Grade Crossing Project, City Project No. 14-14.

City Council/RSA Agenda 72 Tuesday, April 9, 2024
Resolution No. XXXX-24
Approval of $381,730 Increase for HDR Engineering Contract for BART Crossing Project

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 73 Tuesday, April 9, 2024
Seventh Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.

Page 1 of 6 ends

SEVENTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5427)
THIS SEVENTH AMENDMENT (the “Seventh Amendment”) is effective as of this 9th day of April, 2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and HDR Engineering, Inc., ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on February 2, 2014, the Parties entered into a Consulting Services Agreement (C3638) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Engineering Design Railroad At-Grade Public Crossing and Utility Crossing – Union Pacific Railroad (UPRR) Oakland Sub.MP 27.1, City Project No. 14-14, in the amount of $107,819; and
WHEREAS, on November 17, 2015, the Parties entered into a First Amendment to the Agreement (“First Amendment”), C3638b, to expand the scope of services to be provided by the Consultant and increase the compensation; and
WHEREAS, on August 15, 2016, the Parties entered into a Second Amendment to the Agreement (“Second Amendment”), C3638c, to expand the scope of services to be provided by the Consultant and increase the compensation; and
WHEREAS, on September 13, 2016, the Parties entered into a Third Amendment to the Agreement (“Third Amendment”), C3638d, to expand the scope of services to be provided by the Consultant and increase the compensation; and
WHEREAS, on September 12, 2017, the Parties entered into a Fourth Amendment to the Agreement (“Fourth Amendment”), C3638e, to expand the scope of services to be provided by the Consultant and increase the compensation; and
WHEREAS, on February 25, 2019, the Parties entered into a Fifth Amendment to the Agreement (“Fifth Amendment”), C3638f, to expand the scope of services to be provided by the Consultant and increase the compensation; and
WHEREAS, on April 14, 2020, the Parties entered into a Sixth Amendment to the Agreement (“Sixth Amendment”), C5426, to expand the scope of services to be provided by the Consultant and increase the compensation; and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of services, expand the scope of services, and increase the compensation; and WHEREAS, the City and Consultant desire to enter into this Seventh Amendment.

City Council/RSA Agenda 74 Tuesday, April 9, 2024
Seventh Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.

Page 2 of 6 ends

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The “Scope of Services”, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Seventh Amendment, attached hereto and incorporated herein by reference.

2. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to December 31, 2025.

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Three Hundred Eighty-One Thousand Seven Hundred Thirty and 15/100 Dollars ($381,730), as set forth in Exhibit B of this Seventh Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Eight Hundred Ninety-One Thousand Six Hundred Twenty-Three Dollars ($891,623). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Eight Hundred Ninety-One Thousand Six Hundred Twenty-Three Dollars ($891,623), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

5. All other provisions of the Agreement, remain unchanged except as modified by this Seventh Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY HDR ENGINEERING, INC.

By By
Joan Malloy Holly Kennedy
City Manager Senior Vice President
City Council/RSA Agenda 75 Tuesday, April 9, 2024
Seventh Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.

Page 3 of 6 ends

Attest:
___________________________
Thai Nam Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 76 Tuesday, April 9, 2024
Seventh Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.

Page 4 of 6 ends

EXHIBIT A

SCOPE OF SERVICES
HDR appreciates the opportunity to continue to support you and the City on the Pedestrian AtGrade Railroad Crossing Project to see the project through to construction. As discussed in the meeting with you on February 28, 2024, HDR requests a budget amendment that will be used to finalize the final 100% PS&E for bid, to provide bid support, and provide design support during construction.

HDR’s estimate assumes that the additional efforts to develop the related revisions to the third (current) iteration of the 100% PS&E will include:

Task 1- Project Management and Coordination. This effort is for continued project management oversight and administrative activities for 15-months. This activity also assumes informal coordination with the city and project stakeholders (BART, ROMA, and RSE) as well as 3 stakeholder meetings.

Task 2- Finalize 100% PS&E, technical specifications, and the City Part 1 specifications based on comments and inputs from the city and stakeholders. The City will provide their Part 1 Specifications Sections in word format and HDR will provide minor project specific updates regarding items such as project name and working days only. HDR will incorporate the at-grade crossing plan changes, as agreed by the city and its rail Consultant, for the “I” Street and Decoto Road crossings of UP. The City will provide pdf and electronic files for the completed and stamped plans, specifications and estimates for the Decoto Road grade crossing improvements. In order to facilitate comment resolution, the City is assumed to provide a comprehensive matrix of final comments from the city and stakeholders. HDR will review these comments, provide written responses, and attend a comment resolution meeting to agree on final responses. HDR will incorporate the changes based on these final comments into the final 100% deliverable. HDR assumes final comments are minor in nature and do not result in any significant rework.

Task 3 – Bid Support. HDR’s estimate assumes that bid support to the city will include:
 Responses to 20 Requests for Information (RFIs).
 Issue two (2) addendums to clarify bid documents.
 Review of contractor’s bids.
 Issue Conformed Documents for construction.

Task 4 – Design Support During Construction. HDR’s estimate above assumes that DSDC activities during construction will include:
 Engineering services for the new pedestrian at-grade crossing of UP and the “I” Street grade crossing removal only.
 Engineering services for the Decoto Road grade crossing improvements will be the responsibility of the City and their rail Consultant (RSE).

City Council/RSA Agenda 77 Tuesday, April 9, 2024
Seventh Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.

Page 5 of 6 ends

 Construction and site observation (assumes five [5] field site visits by one [1] HDR engineer and participation in one dozen construction coordination meetings remotely.
 Responses to 25 RFIs.
 Review and respond to 25 Submittals.
 Review and develop five (5) construction change orders.  Issue final record drawings based on contractors’ mark ups.

Tasks 4 and 5 are on a time and materials basis as the number of RFIs, submittals are unknown.

This HDR estimate does not include the effort that ROMA, RSE, or the other contractors will be providing to the City of Union City as part of the design, bidding, and construction of the project.

City Council/RSA Agenda 78 Tuesday, April 9, 2024
Seventh Amendment to the Consulting Services Agreement
between City of Union City and HDR Engineering, Inc.

Page 6 of 6 ends

EXHIBIT B

COST PROPOSAL
The estimated distribution of hours dedicated to assisting the city with these activities is shown below and in further detail in the cost proposal:

Task No. Task Description Estimated Hours Budget
1 Project Management and Coordination 80 $19,584.00
2 Finalize 100% PS&E 440 $117,096.00
3 Bid Support 300 $72,161.00
4 Design Services During Construction (DSDC) 700 $170,270.00 Other Direct Costs (ODC’s) - $2,619.00
TOTAL HOURS 1520 $381,730.00
HDR Union City at Grade Crossing
Proposed 2024 Billing Rate Table
City Council/RSA Agenda 79 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE CONSULTING

SERVICES AGREEMENT WITH ADVANCED MOBILITY GROUP, IN THE AMOUNT OF $72,000, FOR A TOTAL CONTRACT AMOUNT OF $146,950,

FOR ON-CALL TRAFFIC SIGNAL SYSTEM SUPPORT, CITY PROJECT NO. 22-14
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement (“Second Amendment”) with Advanced Mobility Group (“AMG”), in the amount of $72,000, for a total contract amount of $146,950, for On-Call Traffic Signal System Support, City Project No. 22-14.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
There are sixty-one (61) signalized traffic intersections in the City of Union City. In addition, the City also owns and maintains one High Intensity Activated Crosswalk (HAWK) system on Alvarado-Niles Road, one flashing beacon on Meyers Drive, and two Rectangular Rapid Flashing Beacon (RRFB) pedestrian crossings.

The City applies for and receives federal, state, and local transportation capital grant funds for upgrading and improving various traffic signal systems to current standards. These traffic signal systems employ state-of-theart electrical equipment and computerized systems requiring specialized expertise with traffic signal system analysis that goes beyond the capabilities of in-house staff.

City Council/RSA Agenda 80 Tuesday, April 9, 2024
On September 26, 2022, the City executed a Consulting Services Agreement with Advanced Mobility Group (“Agreement”), in the amount of $56,000, for On-Call Traffic Signal System Support, City Project No. 22-14, which included the monitoring, reporting, and assisting of traffic signal system operations.

On October 1, 2023, the City executed the First Amendment to the Agreement to extend the term of the contract to June 30, 2024, and to increase the compensation by $18,950, for a contract total not-to-exceed $74,950.

The Public Works Engineering Division faces both a heavy workload and lack of traffic signal system expertise and capacity to handle in-house. AMG provides specialized traffic signal system support services that seamlessly augment the work of in-house staff. Staff continue to rely on AMG to provide valuable assistance and wish to retain their services for another two years.

DISCUSSION
For nearly two years, AMG has assisted the Engineering Division with the evaluation of the status and effectiveness of the newly installed Intelight Adaptive Signal System, identifying traffic signal detection failures, responding to traffic signal related resident complaints, and performing weekly traffic signal system checks.

The Second Amendment, in the amount of $72,000, will allow AMG to continue to provide the City with vital traffic signal system operation assistance for two additional years.

FISCAL IMPACT
The cost for these services is $72,000 and will be funded with $26,610 from the Traffic Signalization Fund (Account Number 2610-3199-92214-54110) and $45,390 from the Measure F Fund (Account Number 2544- 3199-92214-54110), as identified in the approved Two-Year Biennial Operating Budget for Fiscal Year 2023- 2024 and FiscalYear 2024-2025.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the Second Amendment to the Consulting Services Agreement with Advanced Mobility Group, in the amount of $72,000, for a totalcontract amount of $146,950, for On-Call Traffic Signal System Support, City Project No. 22-14.

Prepared by:

Eddie Yu, Civil Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Attachment 1 - Second Amendment Attachment
City Council/RSA Agenda 81 Tuesday, April 9, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITYAUTHORIZING THE CITY MANAGER TO

EXECUTE THE SECOND AMENDMENT TO THE

CONSULTING SERVICES AGREEMENT WITH

ADVANCED MOBILITY GROUP, IN THE AMOUNT OF
$72,000, FOR A TOTAL CONTRACT AMOUNT OF $146,950

FOR ON-CALL TRAFFIC SIGNAL SYSTEM SUPPORT,
CITY PROJECT NO. 22-14
WHEREAS, the City of Union City owns and maintains sixty-one (61) existing traffic signals, one High Intensity Activated Crosswalk (HAWK) system, one flashing beacon, and two Rectangular Rapid Flashing Beacons (RRFB) crossings within the City; and WHEREAS, the City receives federal, state, and local transportation funds for traffic signal improvements and equipment upgrades to support the City’s Capital Improvement Program (CIP); and
WHEREAS, the traffic signal systems employ state-of-the-art electrical equipment and computerized systems requiring specialized expertise with traffic signal system analysis; and WHEREAS, the Engineering Division has the need for professional consulting services for traffic signal system support to ensure that required work continues during heavy workload, or when the services being utilized are specialized and beyond the capacity of existing staff; and WHEREAS, on September 26, 2022, the City executed a Consulting Services Agreement with Advanced Mobility Group (“AMG”), in the amount of $56,000, for On-Call Traffic Signal System Support, City Project No. 22-14, which included the monitoring, reporting, and assisting of traffic signal system operations; and
WHEREAS, on October 1, 2023, the City executed the First Amendment to the Consulting Services Agreement with AMG to extend the term of the expiring contract to June 30, 2024, and increase the compensation by $18,950, for a total contract amount of $74,950; and WHEREAS, for nearly two years, AMG has assisted the Engineering Division with the evaluation of the status and effectiveness of the newly installed Intelight Adaptive Signal System, identifying traffic signal detection failures, responding to traffic signal related resident complaints, and performing weekly traffic signal system checks; and WHEREAS, the Second Amendment to the Consulting Services Agreement with AMG (“Second Amendment”) will allow AMG to continue to provide assistance with traffic signal system support; and
WHEREAS, the Second Amendment, in the amount of $72,000, will be funded with $26,610 from the Traffic Signalization Fund (Account Number 2610-3199-92214-54110) and $45,390 from the Measure F Fund (Account Number 2544-3199-92214-54110), as identified in the approved Two-Year Biennial Operating Budget for Fiscal Year 2023-2024 and Fiscal Year 2024-2025.

City Council/RSA Agenda 82 Tuesday, April 9, 2024
Resolution No. XXXX-24
Approval of Second Amendment for Advanced Mobility Group Contract for On-Call Traffic Signal Support

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with AMG, in the amount of $72,000, for a total contract amount of $146,950, for On-Call Traffic Signal System Support, City Project No. 22-14.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 9
th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 83 Tuesday, April 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and Advanced Mobility Group

Page 1 of 2 ends

SECOND AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5909)
THIS SECOND AMENDMENT (the “Second Amendment”) is effective as of this 9th day of April 2024, by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Advanced Mobility Group, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on September 26, 2022, the Parties entered into a Consulting Services Agreement (C5909) (“Agreement”) wherein the Consultant will provide the City with consulting services related to On-Call Traffic Signal System Support, City Project No. 22-14, in the amount of $56,000; and
WHEREAS, on October 1, 2023, the Parties entered into a First Amendment to the Consulting Services Agreement (C5909b) (“First Amendment”) to expand the scope of services, extend the term, and increase the compensation by $18,950, for a total contract amount of $74,950; and WHEREAS, the Parties desire to amend the Agreement to further extend the term of services to be provided by the Consultant and increase the compensation; and WHEREAS, the City and Consultant desire to enter into this Second Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to June 30, 2025.

2. Section 2 “COMPENSATION” of the Agreement is hereby amended to increase the total amount of compensation by Seventy-Two Thousand Dollars ($72,000). The total compensation under the agreement shall not exceed a total contract amount of One Hundred Forty-Six Thousand Nine Hundred Fifty Dollars ($146,950). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Hundred Forty-Six Thousand Nine Hundred Fifty Dollars ($146,950) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement.

3. All other provisions of the Agreement remain unchanged except as modified by this Second Amendment.

June 30, 2026.

City Council/RSA Agenda 84 Tuesday, April 9, 2024
Second Amendment to the Consulting Services Agreement
between City of Union City and Advanced Mobility Group

Page 2 of 2 ends

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY ADVANCED MOBILITY GROUP
By By
Joan Malloy Joy Bhattacharya
City Manager Vice President
Attest:
___________________________
Thai Nam Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 85 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO UPDATE THE

CLASS SPECIFICATION FOR THE CLASSIFICATIONS OF ASSISTANT

PLANNER AND ASSOCIATE PLANNER
Staff recommends that the City Council adopt a resolution to approve an update the class specifications of Assistant Planner and Associate Planner.

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning critical city services with current staffing levels.

BACKGROUND
As part of a review of the Assistant Planner and Associate Planner job duties and the needs of the City's Economic and Community Development Department relative to align position functions with appropriate qualifications and experience expectations, staff recommends minor modifications to the classification specification/job description.

DISCUSSION
The proposed classification specification includes slight modifications to align functions, qualifications, experience and skills expected for the role. The goal is to provide clarity on essential functions, qualifications, and certifications during the next recruitment. The City has met and conferred with the Professonal Employee Group (PEG) regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time. The Economic and Community Development Department worked with the Human Resources Department to ensure the class specifications are updated prior to future recruitments.

FISCAL IMPACT
City Council/RSA Agenda 86 Tuesday, April 9, 2024
There is no fiscal impact for the position specification changes being proposed.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specifications of Assistant Planner and Associate Planner.

Prepared by:

Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Draft Resolution Resolution
Class Specification Assistant Planner (Redlined) Attachment Class Specification Assistant Planner (Clean) Attachment Class Specification Associate Planner (Redlined) Attachment Class Specification Associate Planner (Clean) Attachment City Council/RSA Agenda 87 Tuesday, April 9, 2024

Page 1 of 2 ends

RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AMENDING THE CLASSIFICATION AND

COMPENSATION PLAN TO UPDATE THE CLASS

SPECIFICATION FOR THE CLASSIFICATIONS OF

ASSISTANT PLANNER AND ASSOCIATE PLANNER
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specifications for the classifications of Assistant Planner and Associate Planner; and
WHEREAS, City staff have undertaken an analysis of necessary updates to the classification and compensation plan to update the classifications of Assistant Planner and Associate Planner; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the accuracy and clarity for the positions of Assistant Planner and Associate Planner; and WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the updated Assistant Planner and Associate Planner class specifications, attached hereto and incorporated herein by reference, effective April 9, 2024.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to take such further actions as may be necessary to implement the proposed revisions to the class specification for the classifications of Assistant Planner and Associate Planner.

City Council/RSA Agenda 88 Tuesday, April 9, 2024
Resolution No. XXXX-24
Amendment to Update Assistant and Associate Planner Class Specifications

Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9
th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:

1. Class Specification Assistant Planner

2. Class Specification Associate Planner
City Council/RSA Agenda 89 Tuesday, April 9, 2024
1 Class Code: 30250
Updated 03/18/2024
Assistant Planner
Bargaining Unit: Professional Employees Group
FLSA Status: Non-Exempt
Assistant Planner
Bargaining Unit: Professional Employees Group

DEFINITION
Under the general direction of the Planning Manager and the Economic and Community Development Director, performs planning workThis is a beginning level professional planning position. including research, data gathering, analysis, design, and report writing per the policies and provisions of the General Plan and zoning ordinance, preparation of environmental documents, and other planning and development projects. Work involves responsibility for the application of city planning knowledges and skills gained through the completion of a formal degree program in city planning and development. Considerable direction and assistance is given an incumbent in the beginning of his/her professional experience; however, as experience and training are gained, an incumbent is expected to advance to full professional work in the planning field. Work is reviewed upon completion of assignments through analysis of draft reports for adequacy, factual content, and presentation as well as the soundness of interpretations and conclusions.

CLASS CHARACTERISTICS
The Assistant Planner position is thean entry-level flexibly staffed classification within the professional planning series. Employees at this level Work is reviewed upon completion of assignments, assessing draft reports for adequacy, factual content, presentation, and the soundness of interpretations and conclusions. The Assistant Planner classification is distinguished from the Associate Planner as the former is are expected to perform with the same independence of direction and judgment as the Associate Planner and would receive direction and assistance as they progress in the position. professional planning role within the City Planning and Development Department.

This position involves applying city planning knowledge and skills acquired through the completion of a formal degree program in city planning and development. While significant direction and assistance are provided initially, the Assistant Planner is expected to progress to full professional work in the planning field as experience and training are gained. Work is reviewed upon completion of assignments, assessing draft reports for adequacy, factual content, presentation, and the soundness of interpretations and conclusions.

EXAMPLES OF DUTIES (illustrative only)
● Accepts, reviews, and processes applications for changes in zoning; answers inquiries relative to application of the zoning ordinance and procedures for its amendment; makes presentations on such matters to the planning commission and city council. ● Under direction, reviews building, site and architectural plans, use permits, code amendments, variances, development proposals, and other related documents for conformance to City standards and other applicable state and federal rules and regulations; City Council/RSA Agenda 90 Tuesday, April 9, 2024
2 may serve as primary point of contact to developers and property owners in meeting these standards.
● Assists in preparing environmental documents per the requirements of the California Environmental Quality Act for both public and private projects, including negative/mitigated negative declarations and/or environmental impact reports, notices, and mitigation measures.
● Prepares and updates maps, visual exhibits and other graphics for use in reports and public presentations.
● Under direction, may present to the City Council and Planning Commission, and other committees and advisory groups regarding land use applications, general plan amendments, code amendments, area and specific plans, and related studies. ● Assists in reviewing plans submitted for building permits for conformance with the Zoning Ordinance and conditions of approval.
● Confers with and advises architects, builders, contractors, engineers, and the general public regarding City development policies and standards.
● Coordinates planning related programs or projects involving multi-department and multijurisdictional review, participates in project review as member of the Development Review Committee; provides professional planning guidance in responding to questions or inquiries.
● Assists with researching, analyzing, and interpreting social, economic, population, and land use data and trends.Secures information from other departments, court documents and records, and other sources relative to zoning and property changes and proposed uses. ● Performs related work as required.
●
●
● Prepares reports presenting information and conclusions by means of written texts and graphic illustrations.
● Gathers, selects, compiles, and analyzes data with particular reference to its impact upon existing or future city plans.
●

QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying.

Education and Training:

Graduation from an accredited college or university with major course work in city urban planning, public administration, architecture, geography or a closely related field.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

City Council/RSA Agenda 91 Tuesday, April 9, 2024
3 Knowledge, Skills, and Abilities:

Knowledge of:
● Planning and zoning principles, methods, practices and trends of urban planning and zoning administration.
● Federal, state, and local laws and regulations relating to land use and planning.

Ability To:
● Compile, comprehend, analyze, interpret, prepare, and present complex technical reports and statistical data.
● Prepare and present clear and concise reports orally and in writing to various groups of elected or appointed officials, consultants, and interested citizens. ● Establish and maintain cooperative and effective working relationships with other employees, consultants, elected and appointed officials, and the public.

Knowledge of the law underlying a general or master plan, zoning and land subdivision ordinances.

Ability to make decisions recognizing established precedents and practices, and to use resourcefulness and tact in meeting new problems.

Ability to plan, organize, and carry through difficult research projects.

Ability to express ideas clearly and concisely, orally and in writing, to groups and individuals.
● Ability to establish and maintain effective working relationships with other employees and the public.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Positions in this class typically require: sitting, stooping, kneeling, crouching, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, talking, hearing, seeing, and repetitive motions.

Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents generally work in a typical office environment with adequate light and temperature.

City Council/RSA Agenda 92 Tuesday, April 9, 2024
4 Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 93 Tuesday, April 9, 2024
1 Class Code: 30250
Updated 03/18/2024
Assistant Planner
Bargaining Unit: Professional Employees Group
FLSA Status: Non-Exempt

DEFINITION
Under the general direction of the Planning Manager and the Economic and Community Development Director, performs planning work including research, data gathering, analysis, design, and report writing per the policies and provisions of the General Plan and zoning ordinance, preparation of environmental documents, and other planning and development projects.

CLASS CHARACTERISTICS
The Assistant Planner is the entry-level flexibly staffed classification within the professional planning series. Work is reviewed upon completion of assignments, assessing draft reports for adequacy, factual content, presentation, and the soundness of interpretations and conclusions. The Assistant Planner classification is distinguished from the Associate Planner as the former is expected to perform with the same independence of direction and judgment as the Associate Planner and would receive direction and assistance as they progress in the position.

EXAMPLES OF DUTIES (illustrative only)
● Under direction, reviews building, site and architectural plans, use permits, code amendments, variances, development proposals, and other related documents for conformance to City standards and other applicable state and federal rules and regulations; may serve as primary point of contact to developers and property owners in meeting these standards.
● Assists in preparing environmental documents per the requirements of the California Environmental Quality Act for both public and private projects, including negative/mitigated negative declarations and/or environmental impact reports, notices, and mitigation measures.
● Prepares and updates maps, visual exhibits and other graphics for use in reports and public presentations.
● Under direction, may present to the City Council and Planning Commission, and other committees and advisory groups regarding land use applications, general plan amendments, code amendments, area and specific plans, and related studies. ● Assists in reviewing plans submitted for building permits for conformance with the Zoning Ordinance and conditions of approval.
● Confers with and advises architects, builders, contractors, engineers, and the general public regarding City development policies and standards.
● Coordinates planning related programs or projects involving multi-department and multijurisdictional review, participates in project review as member of the Development Review City Council/RSA Agenda 94 Tuesday, April 9, 2024
2 Committee; provides professional planning guidance in responding to questions or inquiries.
● Assists with researching, analyzing, and interpreting social, economic, population, and land use data and trends.
● Performs related work as required.

QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying.

Education and Training:

Graduation from an accredited college or university with major course work in urban planning, public administration, architecture, geography or related field.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

City Council/RSA Agenda 95 Tuesday, April 9, 2024
3 Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 96 Tuesday, April 9, 2024
1 Class Code: 30230
Updated 03/18/2024
Associate Planner
Bargaining Unit: Professional Employees Group
FLSA Status: Non-Exempt
Associate Planner
Bargaining Unit: Professional Employees Group
FLSA Status: Non-Exempt
Associate Planner
Bargaining Unit: Professional Employees Group

DEFINITION
Under the general direction of the Planning Manager and the Economic and Community Development Director, performs planning work of substantial professional difficulty, including research, data gathering, analysis, design, and report writing to the revision and maintenanceper the policies and provisions of the Ggeneral Pplan and zoning ordinance, preparation and administration of the redevelopmentarea and specific plans, preparation of environmental documents, and other complex planning and development projects. This position is also responsible for implementing the City’s Economic Development Program and updating the Zoning Ordinance to be consistent with the General Plan. Assignments may require technical or functional supervision of technical and/or clerical positions. Positions in this class require substantial professional planning experience.

Assignments are usually broad in scope and require the use of judgment base on experience in making technical decisions of moderate to extreme difficulty.

CLASS CHARACTERISTICS
The Associate Planner is a key position within the City's Community Development Department, operating under the general direction of the Community Development Director. The Associate Planner is the journey level flexibly staffed classification within the professional planning series.

Positions in this class require substantial professional planning experience. This class is distinguished from the Assistant Planner by assignment of the full range of professional planning duties. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies within the work place.

This role involves undertaking planning work of substantial professional difficulty, requiring a high level of expertise in research, data gathering, analysis, design, and report writing. The Associate Planner is responsible for contributing significantly to the revision and maintenance of the general plan, overseeing the preparation and administration of the redevelopmentarea and specific plans, and managing other complex planning and development projects. Assignments are usually broad in scope and require the use of judgment base on experience in making complex technical decisions of moderate to extreme difficulty. Assignments may require technical or functional supervision of technical and/or clerical positions.

EXAMPLES OF DUTIES (illustrative only)
● Reviews building, site and architectural plans, use permits, code amendments, variances, development proposals, applications and other related documents for conformance to City City Council/RSA Agenda 97 Tuesday, April 9, 2024
2 standards and other applicable state and federal rules and regulations; serves as primary point of contact to developers and property owners in meeting these standards. ● Reviews existing general plan document to determine conformance with State Law. ● Develop with the Community Development Director, a detailed general plan revision work program.
● Draft contracts for consulting services and processes all public and private projects according to the requirements of CEQA. Prepares environmental documents per the requirements of the California Environmental Quality Act for both public and private projects, including negative/mitigated negative declarations and/or environmental impact reports; works with consultants in facilitating preparation of environmental documents and related findings and mitigation measures.
● Works with consultants to revise and update general plan elements. ● Prepares amendments and updates to the General Plan and Municipal Code in conformance with State law.
● Prepares and updates maps, visual exhibits and other graphics for use in reports and public presentations.
● Conducts office and field studies, researches and prepares recommendations for all types of development applications based on local and state planning laws. ● Reviews and analyzes development proposals and works with developers, the public and other agencies regarding various land use permits, general plan amendments, and zone changes.
● Makes presentations to the City Council and Planning Commission, and other committees and advisory groups regarding land use applications, general plan amendments, code amendments, area and specific plans, and related studies.attends and facilitates citizen advisory committee, including the local development corporation. ● Helps coordinate and participates as a member of the Development Review Committee when processing development applications.Lead and facilitate planning initiatives or projects that require multi-departmental and multi-jurisdictional evaluation, actively participates in project reviews as a member of the Development Review Committee, and offers professional planning advice when addressing questions or inquiries. planning related programs or projects involving multi-department and multi-jurisdictional review, participates in project review as member of the Development Review Committee; provide professional planning guidance in responding to questions or inquiries. ● Confers with and advises architects, builders, attorneys, contractors, engineers, and the general public regarding City development policies and standards. ● Prepares a variety of written reports and correspondence to the staff and the community. ● Enforces the Zoning and Municipal Code.
● Prepares precise area plans. Implements and administers the City’s Economic Development Program, including a business loan program and establishes public/private partnerships.
● Researches, drafts, and prepares updates to the Zoning Ordinance ordinances to implementand amendments to the Ggeneral Pplan.
● Reviews plans submitted for building permits for conformance with the Zoning OrdinanceCode and conditions of approval.
● Reviews and finalizes research, analysis, and interpretation of the social, economic, population, and land use data and trends
City Council/RSA Agenda 98 Tuesday, April 9, 2024
3 ● Serves as liaison to appointed hearing bodies.

QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Education and Training:

Education and experience equivalent to graduation from an accredited recognized college or university, with major work in urban planning, public administration, architecture, geography, economics, political science, or related field; three years of increasingly responsible full time planning experience in a municipal planning department, or in private consulting for public agencies, or equivalent relevant experience. Possession of an appropriate master’s degree may be substituted for one year of the required experience.

Knowledge of: , Skills, and Abilities:
● Possess thorough knowledge of planning and zoning principles, methods, practices and trends of urban planning and zoning administration.
● Thorough knowledge of federal, state, and local laws and regulations relating to general plans and zoningland use and planning.
● Environmental laws and practices per the requirements of the California Environmental Quality Act and related state laws and regulations.
● Site planning and architectural design principles and practices.

Ability to:
● Compile, comprehend, analyze, interpret, prepare, and present complex technical reports and statistical data.
● Prepare and present clear and concise reports orally and in writing to various groups of elected or appointed officials, consultants, and interested citizens. ● Establish and maintain cooperative and effective working relationships with other employees, consultants, elected and appointed officials, and the public. ● Ability to analyze private projects for their profitability and economic return to the City.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record..

City Council/RSA Agenda 99 Tuesday, April 9, 2024
4 WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 100 Tuesday, April 9, 2024
1 Class Code: 30230
Updated 03/18/2024
Associate Planner
Bargaining Unit: Professional Employees Group
FLSA Status: Non-Exempt

CLASS CHARACTERISTICS
The Associate Planner is the journey level flexibly staffed classification within the professional planning series. Positions in this class require substantial professional planning experience. This class is distinguished from the Assistant Planner by assignment of the full range of professional planning duties. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies within the work place. This role involves undertaking planning work of substantial professional difficulty, requiring a high level of expertise in research, data gathering, analysis, design, and report writing. The Associate Planner is responsible for overseeing the preparation and administration of area and specific plans, and managing other complex planning and development projects. Assignments are usually broad in scope and require the use of judgment base on experience in making complex technical decisions. Assignments may require technical or functional supervision of technical and/or clerical positions.

EXAMPLES OF DUTIES (illustrative only)
● Reviews building, site and architectural plans, use permits, code amendments, variances, development proposals, applications and other related documents for conformance to City standards and other applicable state and federal rules and regulations; serves as primary point of contact to developers and property owners in meeting these standards. ● Prepares environmental documents per the requirements of the California Environmental Quality Act for both public and private projects, including negative/mitigated negative declarations and/or environmental impact reports; works with consultants in facilitating preparation of environmental documents and related findings and mitigation measures. ● Prepares amendments and updates to the General Plan and Municipal Code in conformance with State law.
● Prepares and updates maps, visual exhibits and other graphics for use in reports and public presentations.

City Council/RSA Agenda 101 Tuesday, April 9, 2024
2 ● Conducts office and field studies, researches and prepares recommendations for all types of development applications based on local and state planning laws. ● Reviews and analyzes development proposals and works with developers, the public and other agencies regarding various land use permits, general plan amendments, and zone changes.
● Makes presentations to the City Council and Planning Commission, and other committees and advisory groups regarding land use applications, general plan amendments, code amendments, area and specific plans, and related studies. ● Lead and facilitate planning initiatives or projects that require multi-departmental and multi-jurisdictional evaluation, actively participates in project reviews as a member of the Development Review Committee, and offers professional planning advice when addressing questions or inquiries.
● Confers with and advises architects, builders, contractors, engineers, and the general public regarding City development policies and standards.
● Researches, drafts, and prepares updates to the Zoning Ordinance and amendments to the General Plan.
● Reviews plans submitted for building permits for conformance with the Zoning Ordinance and conditions of approval.
● Reviews and finalizes research, analysis, and interpretation of the social, economic, population, and land use data and trends
● Serves as liaison to appointed hearing bodies.

QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the required knowledge, skills, and abilities is qualifying.

Licenses and Certificates:

Possession of a valid Class C California Driver’s License with a satisfactory driving record.

Education and Training:

Education and experience equivalent to graduation from an accredited college or university, with major work in urban planning, public administration, architecture, geography, or related field; three years of increasingly responsible full time planning experience in a municipal planning department, private consulting for public agencies, or equivalent relevant experience. Possession of an appropriate master’s degree may be substituted for one year of the required experience.

Knowledge of:
● Possess thorough knowledge of planning and zoning principles, methods, practices and trends of urban planning and zoning administration.
● Thorough knowledge of federal, state, and local laws and regulations relating to land use and planning.
● Environmental laws and practices per the requirements of the California Environmental Quality Act and related state laws and regulations.
● Site planning and architectural design principles and practices.

City Council/RSA Agenda 102 Tuesday, April 9, 2024
3 Ability to:
● Compile, comprehend, analyze, interpret, prepare, and present complex technical reports and statistical data.
● Prepare and present clear and concise reports orally and in writing to various groups of elected or appointed officials, consultants, and interested citizens. ● Establish and maintain cooperative and effective working relationships with other employees, consultants, elected and appointed officials, and the public.

Incumbents generally work in a typical office environment with adequate light and temperature.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 103 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SIDE LETTER AGREEMENTS TO THE

MEMORANDUMS OF UNDERSTANDING WITH THE UNION CITY

POLICE OFFICERS ASSOCIATION AND THE UNION CITY POLICE

MANAGEMENT ASSOCIATION TO RECOGNIZE YEARS OF SERVICE

AND SICK LEAVE ACCRUED WITH PRIOR AGENCIES
Staff recommends that the City Council adopt a resolution to approve side letter agreements to the Memorandums of Understanding (MOUs) with both the Union City Police Officers Association (POA) and the Union City Police Management Association (PMA) (collectively the “Associations”), to recognize years of service with other agencies and provide credit for sick leave accrued for sworn staff as operationally feasible and mutually beneficial to the parties.

STRATEGIC PLAN ALIGNMENT
These actions support Goal B. Governance and Organization Effectiveness of the strategic plan in aligning criticalcity services with current staffing levels.

BACKGROUND
The City and the Associations recognize the value of recruiting qualified, trained and tenured sworn staff. The City has found it challenging to recruit sworn staff from other agencies where sworn staff are tenured and receive greater benefits for their years of service in those agencies. Even though a prospective sworn staff member may be qualified and interested in joining the City, a transition to the City can often result in the prospective employee having to relinquish benefits that they have earned through years of service with another agency and begin with the City with no years of service credit under the existing MOUs.

The City and the Associations believe that it is mutually beneficial to provide recognition of years of service and credit for previously earned sick leave from prior employers for sworn employees that are subsequently City Council/RSA Agenda 104 Tuesday, April 9, 2024
employed by the City. Additionally, staff have met and conferred with the Associations regarding the proposed side letter agreements as required by state law.

DISCUSSION
Under the proposed side letter agreements, sworn employees will receive credit for years of service in a sworn position working for outside agencies as provided below:

Years of Service: The City would recognize 50% of a sworn employee’s years of service with another agency as a sworn employee, rounded up or down, to the nearest six (6) month period beginning at two full years of service or more with another agency, for calculating benefits related to longevity pay and vacation accrual.

Currently, members in the Associations receive 5% longevity pay after 19 years of service with the City and accrue vacation pursuant to the following schedule:

Years of Service AnnualAccrual Rate
0- 3 years 80 hours
4 - 8 years 120 hours
9 - 12 years 140 hours
13 - 15 years 160 hours
16 + years 200 hours
In this instance, an officer with 10 years of service in a prior agency before joining the City would receive 5 years of service credit towards the 19 years of service required to obtain the 5% longevity pay. The same officer would, immediately upon joining the City, receive 5 years of service credit for purposes of accruing vacation and would fall within the 4-8 years of service range under the MOUs, accruing 120 hours per year annually. Absent the proposed side letter agreements, this officer would begin with no years of service upon joining the City towards calculating longevity pay and the vacation accrual rate.

Sick Leave: Under the proposed side letter agreements, sworn employees will receive credit for sick leave accrued from their most recent employer up to a maximum of four hundred and eighty (480) hours, upon verification by Union City and the previous employer agency, as needed. This will only apply to sick leave accrued, and not paid out, from the most recent employer.

FISCAL IMPACT
In the immediate term, the fiscal impact of a lateral transfer would be a cost-savings because the cost of the training and development that is necessary for sworn personnel has already been incurred by another employer.

In the longer term, this has yet to be determined due to the uncertainty of the number of lateral transfers hired each year, as well as the total number of years of service and/or sick leave each lateral would have upon hire at Union City.

RECOMMENDATION
Staff recommends that the City Counciladopt the proposed resolution to approve side letter agreements to the MOUs for the Associations, to recognize years of service with other agencies and provide credit for sick leave accrued for sworn staff as operationally feasible and mutually beneficial to the parties.

Prepared by:

City Council/RSA Agenda 105 Tuesday, April 9, 2024
Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Resolution - Side Letter POA/PMA Resolution
Side LetterAgreement POA Attachment
Side LetterAgreement PMA Attachment
City Council/RSA Agenda 106 Tuesday, April 9, 2024
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE

LETTER AGREEMENTS TO THE MEMORANDUMS OF UNDERSTANDING

WITH THE UNION CITY POLICE OFFICERS ASSOCIATION AND THE UNION

CITY POLICE MANAGEMENT ASSOCIATION TO RECOGNIZE YEARS OF

SERVICE AND SICK LEAVE ACCRUED WITH PRIOR AGENCIES
WHEREAS, the City has undertaken an inquiry and recommends that the City Council approve these side letter agreements to the Memorandums of Understanding between the City and both the Union City Police Officers Association (POA) and the Union City Police Management Association (PMA); and
WHEREAS, City staff have undertaken an analysis of necessary considerations to effectuate a Lateral Transfer Program; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the staffing structures are appropriate to provide programs and services uninterrupted; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of all bargaining units related to the above matters.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and authorizes the City Manager to execute the proposed side letter agreements to the Memorandums of Understanding between the City and both POA and PMA to recognize years of service with other agencies and provide credit for sick leave accrued for sworn staff, attached hereto and incorporated by reference, and to take such further actions as may be necessary to implement the intent of this Resolution.

City Council/RSA Agenda 107 Tuesday, April 9, 2024
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this 9th day of April 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 108 Tuesday, April 9, 2024
Side Letter to the Memorandum
of Understanding Between
The City of Union City
and
Union City Police Officers Association (POA)
The City of Union City ("City”) and the Union City Police Officers Association ("POA") (collectively the "Parties") enter into this side letter, effective January 4, 2024, to the Parties' Memorandum of Understanding ("MOU”) to affirm the parties intent to recognize years of service with other agencies for sworn staff as operationally feasible and mutually beneficial to the parties.

WHEREAS, the City and POA recognize the value of recruiting qualified, trained and tenured sworn staff; and
WHEREAS, the City and POA desire and agree to provide recognition of years of service and credit for previously earned sick leave from prior employers for sworn employees that are subsequently employed by the City; and
WHEREAS, the Parties wish to enter into a side letter clarifying and memorializing the Parties' agreement for recognition of years of service and credit for previously earned sick leave from prior employers for employees that are subsequently employed by the City.

NOW, THEREFORE the Parties agree to the below revisions to the MOU, effective January 4, 2024.

Sworn employees will receive credit for years of service in a sworn position working for outside agencies as provided below. Additionally, those employees would be provided the following, in recognition of previous education, license or years of service, as it relates to the positions included in this unit:

Years of Service (“YOS”): The City recognizes 50% of a sworn employee’s years of service with another agency as a sworn employee, rounded up or down, to the nearest six (6) month period beginning at two full years of service or more with another agency, for calculating benefits identified in the following sections of the MOU: Section 2.13 (Longevity Pay); Section

4.10 (Vacation). For example, an employee with 9-12 YOS with the City receives an annual accrual of 140 hours of vacation pursuant to Section 4.10. A sworn employee with 10 YOS at another agency (in a sworn capacity) that is subsequently hired by the City will receive 5 YOS credit with the City and receive an annual accrual of 120 hours of vacation (along with other employees that have 4-8 YOS) until that employee has completed an additional 4 full YOS with the City at which point the employee will have completed 9 YOS and fall into the category of 9- 12 YOS and accrue 140 hours of annual vacation. Employees do not receive YOS credit for purposes of calculating retiree medical pursuant to Section 5.5 (Retiree Medical Plan).

Sick Leave: The City and POA have a mutual interest in maintaining a healthy workforce.

Sworn employees will receive credit for sick leave accrued from their most recent employer for City Council/RSA Agenda 109 Tuesday, April 9, 2024
Resolution No. 5773-21

Page 2 ends

leave identified pursuant to Section 4.1 (Sick Leave Allowance) of the MOU up to a maximum of four hundred and eighty (480) hours, upon verification by Union City and the previous employer agency, as needed. This will only apply to sick leave accrued, and not paid out, from the most recent employer.
.

For the City: For POA:

Joan Malloy Date: Ian Hobson Date:

City Manager POA Member
Jason Castleberry Date: Brandon Hayward Date:

Human Resources Director POA Member
City Council/RSA Agenda 110 Tuesday, April 9, 2024
Side Letter to the Memorandum
of Understanding Between
The City of Union City
and
Union City Police Management Association (PMA)
The City of Union City ("City”) and the Union City Police Management Association ("PMA") (collectively the "Parties") enter into this side letter, effective January 4, 2024, to the Parties' Memorandum of Understanding ("MOU”) to affirm the parties intent to recognize years of service with other agencies for sworn staff as operationally feasible and mutually beneficial to the parties.

WHEREAS, the City and PMA recognize the value of recruiting qualified, trained and tenured sworn staff; and
WHEREAS, the City and PMA desire and agree to provide recognition of years of service and credit for previously earned sick leave from prior employers for sworn employees that are subsequently employed by the City; and
WHEREAS, the Parties wish to enter into a side letter clarifying and memorializing the Parties' agreement for recognition of years of service and credit for previously earned sick leave from prior employers for employees that are subsequently employed by the City.

NOW, THEREFORE the Parties agree to the below revisions to the MOU, effective January 4, 2024.

Years of Service (“YOS”): The City recognizes 50% of a sworn employee’s YOS with another agency as a sworn employee, rounded up or down, to the nearest six (6) month period beginning at two full years of service or more with another agency, for calculating benefits identified in the following sections of the MOU: Section 9.A (Longevity Pay); Section 3 (Vacation). For example, an employee with 9-12 YOS with the City receives an annual accrual of 140 hours of vacation pursuant to Section 3. A sworn employee with 10 YOS at another agency (in a sworn capacity) that is subsequently hired by the City will receive 5 YOS credit with the City and receive an annual accrual of 120 hours of vacation (along with other employees that have 4-8 YOS) until that employee has completed an additional 4 full YOS with the City at which point the employee will fall into the category of 9-12 YOS and accrue 140 hours of annual vacation.

Employees do not receive YOS credit for purposes of calculating retiree medical pursuant to Section 5.5 (Retiree Medical Plan).

Sick Leave: The City and PMA have a mutual interest in maintaining a healthy workforce.

Sworn employees will receive credit for sick leave accrued from their most recent employer for City Council/RSA Agenda 111 Tuesday, April 9, 2024
Resolution No. 5773-21

Page 2 ends

leave identified pursuant to Section 2.H (Sick Leave) of the MOU up to a maximum of fourhundred and eighty (480) hours, upon verification by Union City and the previous employer agency, as needed. This will only apply to sick leave accrued, and not paid out, from the most recent employer.
.

For the City: For PMA:

Joan Malloy Date: Paul Kanazeh Date:

City Manager PMA Member
Jason Castleberry Date: Andrew holt Date:

Human Resources Director PMA Member
City Council/RSA Agenda 112 Tuesday, April 9, 2024
Agenda Item
DATE: 4/9/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING AND ADOPT TWO RESOLUTIONS 1) ADOPTING AN ADDENDUM TO THE 2040 GENERAL PLAN EIR AND 2) AMENDING THE GENERAL PLAN LAND USE DIAGRAM (AG-24-001), AND INTRODUCE AN ORDINANCE AMENDING the OFFICIAL UNION CITY ZONING MAP (A24-001) Staff recommends that the City Council adopt two resolutions: 1) adopting an Addendum to the 2040 General Plan EIR (Attachment 1) and 2) amending the General Plan Land Use Diagram (AG-24-001) (Attachment 2) and Introduce an Ordinance Amending the Official Union City Zoning Map (A-24-001) (Attachment 3) These actions are referred to as the “Project.” Diagrams showing the proposed General Plan and Zoning Map amendments are attached to this staff report and labeled Attachment 2 - Exhibit A and Attachment 3 -Exhibit B, respectively.

The project includes General Plan and Zoning Map amendments for multiple sites to better align with existing parcel lines, building locations, and historic and current land uses or to address a parcel that has an incorrect designation. In addition, several sites are proposed to be rezoned for consistency with the 2040 General Plan (“2040 GP”).

The Planning Commission recommended approval of the Project to the City Council at its March 21, 2024, meeting on a 5-0 vote. The following are attached to this report: the Planning Commission Staff Report (Attachment 4), Planning Commission Desk Item (Attachment 5), Planning Commission Draft Meeting Minutes (Attachment 6), and Planning Commission Draft Resolutions (Attachment 7 and 8).

STRATEGIC PLAN ALIGNMENT
The proposed amendments are in alignment with the following:

Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

City Council/RSA Agenda 113 Tuesday, April 9, 2024
Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)

BACKGROUND
The proposed amendments can be broken down into two categories. The first category includes amendments to a site’s land use designation shown on the 2040 GP Land Use Diagram, as well as the zoning designation shown on the Official Zoning Map. These “clean-up” actions are proposed to better align zoning and general plan boundaries with existing property lines, with existing building locations, or with historic and current uses of the property or to address a parcel that has an incorrect designation.

Due to the number of sites proposed to be updated, several exhibits were prepared that correspond to specific areas within the City. There are four exhibits which show the proposed general plan amendments.

These are labeled Areas A1 – A4 and included in Attachment 2. The corresponding exhibits for the related zoning map amendments are labeled Areas B1-B4 and are included in Attachment 3.

The second category includes parcels proposed to be rezoned for consistency with the 2040 GP adopted December 10, 2019. These changes are shown in Exhibit B and are labeled Areas B5-B12, which are also included in Attachment 3. State law requires that the Official Zoning Map be consistent with the adopted General Plan Land Use Diagram, which is the impetus for these proposed amendments.

The Planning Commission staff report (Attachment 4) includes tables showing every parcel proposed to be redesignated or rezoned. The tables also include the rationale for the proposed update.

DISCUSSION
General Plan and Zoning MapAmendments
As detailed above, approval of the proposed general plan and related zoning map amendments will better align general plan and zoning designations boundaries with existing property lines, existing building locations, or with historic and current uses of a property or to address a parcel with an incorrect designation. The updates will also facilitate business expansion and redevelopment of certain sites. See below for some additional detail regarding some of the proposed general plan and zoning amendments.

Please note that the corresponding area number from the exhibits is shown for ease of review.

Masjid Al-Huda, 3880 Smith Street (Area A1 and B1). The site has split designations, which correspond to underlying parcel lines. A portion of the site, which accommodates parking and some support buildings, has a general plan and zoning designation of RM 2500, which permits multi-family residential development. The remainder of the site has a Private Institutional (PI) general plan and zoning designation. The City is proposing to update the designation from RM 2500 to PI to better align the existing use with zoning/general plan designations for the remainder of the site. The property owner is considering some upgrades to their site and this update will remove the requirements for enhanced setbacks associated with the current residential zoning designation.

Dowe Business Park, Central Plaza, Provender Business Park, and Tarlton Properties, Alvarado-Niles Road (Area A3, A4, B3 and B4) Along portions of Alvarado-Niles Road generally between Western Avenue and Hop Ranch Road, the first 90 feet of frontage on the easterly side of Alvarado-Niles Road has a general plan and zoning designation of Special Industrial (MS) and the remaining portion of the property has a general plan and zoning designation of Light Industrial (ML).

This configuration results in the boundary between the two designations going though sites and /or City Council/RSA Agenda 114 Tuesday, April 9, 2024
buildings and staff having to make an interpretation on which designations to apply. Staff is proposing to relocate the boundary lines of the two designations, so they better align with property lines and reflect the designations historically applied to the property by Planning Division staff. The update will also facilitate the expansion of a long-term Union City business, Elite Badminton Facility, located in the Central Plaza development.

US Post Office, 33168-31170 Alvarado-Niles Road (Area A3, B3). The Post Office site is proposed to be redesignated from MS/ML to City Facility (CF) consistent with all public buildings/sites within Union City.

Zoning MapAmendments
As part of implementation of the 2040 GP, several amendments to the Official Zoning Map are proposed.

Aside from the proposed zoning map amendments discussed in the section above, the zoning map amendments discussed in this section are proposed to ensure a subject property’s zoning designation is consistent with its’ general plan designation, which is required by State law. See below for some additional detail regarding a few of the proposed amendments, which impact the majority of the parcels proposed to be rezoned.

Monarch At Soares Ranch, Alvarado Niles Road / Madelyn Terrace (Area B10). The site, which accommodates 63 townhomes and related common areas, was included in the City’s previous Housing Element, which covered the period from 2015-2023, as a future site for housing. Consistent with State law and the prior Housing Element, the site was rezoned from RM 1500, which is a multi-family residential designation to RM 1500–HE. The addition of “HE” to the site’s base zoning designation of RM 1500 was to make it clear that the site, which was vacant at the time, had to be developed at a specific density, which it was. Now that the City has adopted an updated Housing Element and the project site has been developed, staff is proposing to rezone the property back to its prior designation of RM 1500.
511 Open Space (Area B8 and B9). The term “511” applies to a 511-acre (+/-) neighborhood generally bounded by Union City Boulevard to the east, Remora Drive to the north and Union City’s westerly and southerly boundary lines. The “511 Specific Plan” was adopted in 1987 and informed how the area was built out. You can view the 511 Specific Plan on-line at https://www.unioncity.org/603/Long-Range-Planning-Projects. There are several properties, which were set aside as permanent open space / habitat and currently used as such. The City is proposing to amend the zoning designations for these properties from “511” to “Open Space (OS)” consistent with their current general plan designation of Open Space. This change will have no impact on how the properties are currently used. This change removes any ambiguity that the properties are available for residential development which they are not. In addition, this area accommodates the closed Turk Island landfill. A similar update is proposed to update the zoning designation for this site from 511 to OS.

Calaveras Landing (Area B12). Zoning map updates are proposed to the Calaveras Landing shopping center located along Industrial Parkway SW. The shopping center accommodates a Food Max, Home Depot, Advance Auto Parts, Taco Bell, and several in-line retail stores and restaurants.

The site has a zoning designation of Special Industrial (MS). The shopping center obtained a Use Permit in 1990 to allow for commercial uses, which substantially expanded what could be established under the site’s MS zoning designation. As part of the GP 2040 update, the site’s general plan designation of MS was updated to “Regional Retail Commercial” along with the Union Landing Shopping Center. This designation is generally applied to commercial shopping centers serving a citywide or regional market located on large sites along freeways. To better align the zoning with the historic and current uses of the property, staff is proposing to update the zoning designation to Community Commercial (CC), which allows for a variety of commercial uses. This designation is City Council/RSA Agenda 115 Tuesday, April 9, 2024
applied to the majority of our major shopping areas. This action will also remove the requirement for new food uses to obtain a Use Permit, which is currently a requirement in the MS zoning district, streamlining the approval process for new restaurant uses in the center. In addition, the proposed rezoning satisfies General Plan Implementation Program SA-13.A.

CEQA
An EIR was prepared as part of the 2040 General Plan and was certified in November 2019. The EIR evaluated the potential environmental impacts that would result from implementation of the 2040 General Plan.

Under CEQA Guidelines Section 15164, preparation of an addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions to the project would result in significant new or substantially more severe environmental impacts than what were previously analyzed. The City prepared an Addendum to the EIR for the Project, which is attached (Attachment 1 - Exhibit C).

The Addendum was prepared in accordance with State CEQA Guidelines. In regard to each environmental topic area analyzed, the Addendum establishes that no substantialchanges in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification, and no new or more severe environmental impacts would occur as a result of the project beyond what was previously analyzed in the General Plan EIR.

Planning Commission Review
The Planning Commission reviewed the proposed amendments at a public hearing on March 21, 2024.

For a detailed overview of the Planning Commission discussion, see attached Draft Meeting Minutes labeled Attachment 6. The Commission also considered a Desk Item (Attachment 5) concerning questions and comments from Commissioner Lew regarding the proposed amendments. The majority of the feedback was focused on an older version of Table 1 inadvertently included in the staff report resulting in some inconsistencies with the exhibits, which were correct. In response, the Planning Commission staff report was updated, which is the version attached to this staff report. There was also a minor update needed to both the Addendum and Exhibit A2, which are reflected in the attachments. The Commission voted 5-0 to recommend approval of the proposed amendments to the City Council.

Public Outreach Process
All owners of properties proposed for rezoning, or a changed general plan land use designation were notified by mail of the proposed action of the City. In addition, a public hearing notice describing the proposed City actions was placed in the Tri-City voice.

Consistent with SB 18, the City notified the list of California Native American tribes, provided by the State Native American Heritage Commission, who have the potential to be impacted by the proposed general plan amendments, an opportunity to consult with the City. Consistent with SB 18, the City provided 90 days for the tribal representative to reach out. This period concluded on February 28 and the City did not receive any requests for consultation.

Staff received questions from two members of the public regarding how the proposed rezonings could impact the allowed uses on their property. Staff responded to both inquiries by clarifying that the proposed rezonings are for consistency with the site’s general plan designation, which already outlines the types and intensities of allowed land uses so there wouldn’t be much change as a result of the proposed rezonings.

City Council/RSA Agenda 116 Tuesday, April 9, 2024

FISCAL IMPACT
There is no impact to the General Fund as a result of the Project.

RECOMMENDATION
Staff recommends that the City Council adopt two resolutions: 1) adopting an Addendum to the 2040 General Plan EIR (Attachment 1) and 2) amending the General Plan Land Use Diagram (AG-24-001) (Attachment 2) and Introduce an Ordinance Amending the Official Union City Zoning Map (A-24-001) (Attachment 3).

Prepared by:

Carmela Campbell, Economic and Community Development Director, Derek Farmer, Planning Manager and Aaron Welch, Contract Planner
Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Attachment 1 - CCResolution - CEQAAddendumAG-24-001 Resolution Attachment 1- Exhibit C-Addendum Exhibit
Attachment 2- CCResolution Approving AG-24-001 Resolution Attachment 2- Exhibit A-Areas A1-A4 Exhibit
Attachment 3 - CCOrdinance -A-24-001 Ordinance
Attachment 3 - Exhibit B Exhibit
Attachment 4 - PCStaff Report AG-24-001/A-24-001 Attachment Attachment 5 - Desk Item-AG-24-001/A-24-001 Attachment
Attachment 6 - Draft PCMeeting Minutes Attachment
Attachment 7- Draft PCResolution No - 04-24 Attachment
Attachment 8 - Draft PCResolution No. 05-24 Attachment
Item6.a. PowerPoint Attachment
City Council/RSA Agenda 117 Tuesday, April 9, 2024
ATTACHMENT 1
RESOLUTION NO XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ADOPTING AN ADDENDUM TO THE GENERAL PLAN ENVIRONMENTAL
IMPACT REPORT FOR THE AMENDMENTS TO THE 2040 GENERAL PLAN LAND USE DIAGRAM (AG-24-001) AND OFFICIAL ZONING MAP (A-24-001) WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and
WHEREAS, staff initiated amendments to the General Plan Land Use Diagram (AG-24- 001) and Official Zoning Map (A-24-001) for multiple sites, both for consistency with the 2040 General Plan and to better align with existing parcel lines, building locations, and historic and current land uses or to address a parcel that has an incorrect designation (“Project”); and WHEREAS, Section 15164 of the CEQA Guidelines provides that an addendum to a previously adopted environmental impact report or mitigated negative declaration may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent environmental impact report or negative declaration have occurred; and WHEREAS, the City has prepared an Addendum to the 2040 General Plan EIR for the amendments to the 2040 General Plan Land Use Diagram and Official Zoning Map (“Addendum”), labeled Exhibit C, attached hereto and made a part hereof, which determined that none of the conditions described in CEQA Guidelines section 15162 will occur as a result of implementation of the project; and
WHEREAS, the Addendum was posted to the City’s website and referenced in the public notice for the April 9, 2024 City Council public hearing; and WHEREAS, a staff report, dated April 9, 2024 and incorporated herein by reference, described and analyzed the amendments to the 2040 General Plan Land Use Diagram and Official Zoning Map and the Addendum; and
WHEREAS, pursuant to Section 65854 of the Government Code, the City Council reviewed the staff report, and the Addendum at a noticed public hearing on April 9, 2024 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the Addendum at a public hearing on March 21, 2024 and adopted Planning Commission Resolution 04-24 recommending that the City Council adopt the Addendum, which was determined to be in compliance with the requirements of CEQA;
City Council/RSA Agenda 118 Tuesday, April 9, 2024
Resolution No. XXXX-24

Page 2 of 2 ends

WHEREAS, the Addendum reflects the City’s independent judgment and analysis on the potential for environmental impacts; and
WHEREAS, none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the amendments to the 2040 General Plan Land Use Diagram and Official Zoning Map identified in the Addendum would not result in any significant impacts not considered under the original 2040 General Plan EIR; and WHEREAS, the Addendum is available for review on the City’s website at https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=4198&MeetingID=1 746, and at the Economic and Community Development Department at City Hall during normal business hours. The location and custodian of the Addendum and other documents that constitute the record of proceedings for the amendments to the 2040 General Plan Land Use Diagram and Official Zoning Map is the City of Union City Economic and Community Development Department, 34009 Alvarado-Niles Road, Union City, CA 94587.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby certifies and declares as follows:

A. The foregoing recitals are true and correct and made a part of this resolution.

B. The City Council independently reviewed and considered the information contained in the Addendum to the 2040 General Plan Environmental Impact Report, as well as all other information (both written and oral) provided by City staff, City consultants, and the Public to the City Council at its April 9, 2024 meeting relating to the Addendum, prior to approving the amendments to the 2040 General Plan Land Use Diagram and Official Zoning Map.

C. The City Council has reviewed and considered the Addendum to the 2040 General Plan Final Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR.

D. The Addendum to the 2040 General Plan Final Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

BE IT FURTHER RESOLVED that the City Council hereby adopts the Addendum to the 2040 General Plan Environmental Impact Report in compliance with the requirements of CEQA.

City Council/RSA Agenda 119 Tuesday, April 9, 2024
Introduction
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 1-1

EXHIBIT C
Addendum to the 2040 General Plan Environmental
Impact Report (State Clearinghouse No. 2018102057)
Amendments to the General Plan Land Use Diagram and
Official Zoning Map
1 INTRODUCTION

1.1 BACKGROUND
In November 2019, the City of Union City (City) certified the Final Environmental Impact Report (EIR) (State Clearinghouse No. 2018102057) for the Union City 2040 General Plan (2040 General Plan). Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000, et seq.), the EIR for the 2040 General Plan (General Plan EIR) evaluated the potential environmental impacts that would result from the 2040 General Plan update.

The City of Union City is proposing to amend the General Plan Land Use Diagram and Official Zoning Map for multiple sites, both for consistency with the 2040 General Plan and to better align with existing parcel lines, building locations, and historic and current land uses. Only map amendments are proposed; there are no text amendments proposed for either the General Plan or the Zoning Ordinance. These actions are hereinafter referred to as the “project”.

As the lead agency under CEQA, the City has prepared this Addendum in accordance with State CEQA Guidelines Section 15164 to evaluate whether the proposed project’s effects were adequately examined in the previous environmental analysis in the General Plan EIR or whether any changes trigger supplemental or subsequent review under State CEQA Guidelines Section 15162 or 15163. This Addendum considers whether the environmental conditions that exist today have changed such that new or substantially more severe environmental impacts would occur as a result of the project compared to that evaluated in the General Plan EIR. As described below, no changes associated with the proposed project, and no changes in circumstances, trigger subsequent or supplemental review.

1.2 PREVIOUS ENVIRONMENTAL ANALYSES
The environmental process for the General Plan involved the preparation of the following documents that are relevant to the consideration of the proposed project.
 Draft EIR for the Union City 2040 General Plan, June 2019; and  Final EIR for the Union City 2040 General Plan, November 2019.

1.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

REGARDING AN ADDENDUM TO AN ENVIRONMENTAL IMPACT
REPORT
Altered conditions, changes, or additions to the description of a project that occur after certification of an EIR may require additional analysis under CEQA. The legal principles that guide decisions regarding whether additional City Council/RSA Agenda 120 Tuesday, April 9, 2024
Introduction
Union City
1-2 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments environmental documentation is required are provided in the State CEQA Guidelines, which establish three mechanisms to address these changes: 1) a Subsequent Environmental Impact Report (SEIR), 2) a Supplement to an EIR, or 3) an Addendum to an EIR.

Section 15162 of the State CEQA Guidelines describes the conditions under which a SEIR would be prepared. In summary, when an EIR has been certified for a project, no Subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Section 15163 of the State CEQA Guidelines states that a lead agency may choose to prepare a supplement to an EIR rather than a Subsequent EIR if:
(1) any of the conditions described above for Section 15162 would require the preparation of a SEIR; and (2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation.

Under Section 15164, an addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts, consistent with CEQA Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, and 15168.

Based on the criteria above and the project description, the City has determined that an Addendum to the General Plan EIR is the appropriate CEQA document. The EIR conformity evaluation is intended to review relevant environmental topic areas for any changes in circumstances or substantial new information as defined under CEQA Guidelines Section 15162, as compared to the environmental impacts identified in the certified EIR prepared for the 2040 General Plan.

The proposed project would include the rezoning of multiple parcels for consistency with the 2040 General Plan.

These changes would be made to the Official Union City Zoning Map. This is an implementation action of the 2040 General Plan. State law requires that the municipal zoning code be consistent with the adopted General Plan, and the Implementation Chapter of the 2040 General Plan references this state requirement. The project would also include multiple parcels proposed for a different land use designation in the 2040 General Plan Land Use Diagram, as well as an associated rezoning on the Official Union City Zoning Map. These actions would be taken in order to better align zoning and general plan boundaries with existing property lines, with existing building locations, and/or with historic City Council/RSA Agenda 121 Tuesday, April 9, 2024
Introduction
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 1-3

EXHIBIT C
and current use of the property. This will eliminate the potential for confusion in these locations and reduce the number of land uses in the City that are incompatible with existing zoning and general plan designations.

The project does not include an action that would result in any ground disturbance or change to the physical environment that was not already analyzed in the General Plan EIR. Additionally, the General Plan EIR analyzed four environmental topic areas where implementation of the 2040 General Plan would result in significant and unavoidable environmental impacts. The project’s potential impacts to these significant and unavoidable environmental impacts require extensive analysis, and those four environmental topic areas are discussed in detail in Section 3, below. For these reasons, the checklist excludes more detailed evaluation of the following environmental topic areas:
 Agriculture/Forestry. While no areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance occur within Union City, the 2040 General Plan designates agricultural land uses in the southwest corner of the city, and throughout much of the hillside area east of State Route 238. The proposed project would not result in any changes to land in the hillside area or land with an agricultural use designation and would not result in any ground disturbance that was not previously evaluated in the General Plan EIR; therefore, the project would not result in any new or more severe significant impacts beyond what was evaluated in the General Plan EIR.  Air Quality. The General Plan EIR found that implementation of the 2040 General Plan would be consistent with the Bay Area Air Quality Management District (BAAQMD) 2017 Clean Air Plan. In addition, the rate of increase for vehicle miles travelled during buildout of the 2040 General Plan would not exceed the rate of service population increase associated with the 2040 General Plan. The EIR indicated that there would be less than significant impacts related to the following: additional sources of toxic air contaminants exposed during buildout of the 2040 General Plan, generation of air pollutants during construction, and the introduction of new odor-generating land uses. Mitigation Measure AQ-1: Health Risk Assessments was included in the General Plan EIR analysis and would continue to apply to subsequent development. The 2040 General Plan goals, policies, and implementation programs in the Resource Conservation Element would limit air quality impacts through reduction in vehicle trips and thus emissions by providing alternate modes of transportation. As stated in the General Plan EIR, development projected by the 2040 General Plan would be designed to promote active transportation in the community, further reducing vehicle emissions (Union City 2019a: 4.2-9). The project would not result in physical changes affecting implementation of air quality plans, increases in criteria air pollutants, exposure to pollutant concentrations, or result in in exposure of other emissions, such as odors. Development would be consistent with regulations pertaining to air quality, and impacts would be of similar type and severity as what could occur under the zoning district and land use designation. No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, no new or more severe significant impacts related to air quality would occur beyond what was previously analyzed in the General Plan EIR.
 Biological Resources. As described in the General Plan EIR, there are a variety of vegetation communities in Union City. Areas that may provide habitat for special-status species are primarily located in the open space and undeveloped hillside areas of the City and the marshes and wetlands adjacent to San Francisco Bay in the western part of the City (Union City 2019a). The General Plan EIR found that implementation of the 2040 General Plan development pursuant to other local and regional planning efforts within the greater cumulative impact area (adjoining cities such as Fremont and Alameda County) could result in regional impacts on special-status species, riparian, wetland, or other sensitive natural communities, as well as wildlife movement. The 2040 General Plan sets forth goals and policies for surveys and required actions to be taken if biological resources have potential to be impacted by development. The project does not include changes to the land use designations in the hillside area of the city and would not result in any additional ground disturbance than what was evaluated in the General Plan EIR and the project would implement all applicable policies described in the EIR. Therefore, the proposed project would not result in a new or more severe significant impact than what was analyzed in the General Plan EIR.

City Council/RSA Agenda 122 Tuesday, April 9, 2024
Introduction
Union City
1-4 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments  Cultural Resources. Based on CEQA Guidelines Section 15064.5, the 2040 General Plan – and future development activities facilitated by the plan – would have a significant impact on historical cultural resources if it would cause a substantial adverse change in the significance of a historical cultural resource. The General Plan EIR found that development under the proposed 2040 General Plan could affect known or unknown historical and/or archaeological resources. Goals, policies, and implementation programs contained in the Resource Conservation element of the 2040 General Plan would reduce the potential for cultural resources to be adversely impact from development. In addition, the implementation of Mitigation Measure CR‐1 would reduce impacts to historical and unique archeological resources to a less than significant level by including an implementation program in the 2040 General Plan requiring cultural resource studies for projects within the city and implementation of further requirements to avoid or reduce impacts to such resources on a project by‐project basis. Moreover, the 2040 General Plan requires compliance with existing regulations relating to the treatment of human remains should ground-disturbing activities associated with development result in damage to or destruction of human burials.

The proposed project would comply with the required policies and procedures from the 2040 General Plan and General Plan EIR and would not result in any additional ground disturbance beyond what was previously analyzed. Therefore, the project would not result in any new or more severe significant impacts.  Energy. The General Plan EIR indicated that the 2040 General Plan would not result in potentially significant environmental impacts related to consumption of energy and conflicts with applicable plans. The development and population growth facilitated by the 2040 General Plan would result in overall consumption of energy beyond existing conditions. However, the 2040 General Plan is based on a land-use strategy that promotes greater overall energy efficiency in community and municipal operations. 2040 General Plan policies and implementation programs would ensure that development under the 2040 General Plan would comply with existing energy efficiency regulations, and would encourage new development to take advantage of voluntary energy efficiency programs. Wasteful, inefficient, or unnecessary consumption of energy would not occur and impacts would be less than significant. The 2040 General Plan would be consistent with energy efficiency goals contained in the Union City Climate Action Plan. Construction and operation of projects facilitated by the 2040 General Plan would comply with relevant provisions of the State’s CalGreen and Title 24 of the California Energy Code.
 Geology/Soils. The General Plan EIR analyzed the potential impacts of development facilitated by the 2040 General Plan and concluded that most potential impacts to geology and soils were less than significant with compliance with existing federal, state, and local laws and ordinances. The 2040 General Plan includes goals and policies in the Safety Element to minimize the risks associated with geologic and soil hazards. Implementation of these policies, in addition to compliance with applicable laws and regulations, would minimize the potential for erosion and loss of topsoil (Union City 2019a). Chapter 15.85 of the Union City Municipal Code also contains erosion control requirements that include slope protection and dust control. Additionally, growth and development facilitated by the 2040 General Plan would occur in the urbanized areas of Union City west of State Route 238, which is relatively flat with low potential for soil erosion. Development facilitated by the 2040 General Plan may result in the construction of structures on expansive soils, which could create a substantial risk to life or property (Union City 2019a). However, development would be required to comply with the California Building Code, which would ensure that expansive soils are remediated or that foundations and structures are engineered to withstand the forces of expansive soil. The implementation of Mitigation Measure GEO-1 would reduce impacts to paleontological resources to a less than significant level by including an implementation program requiring paleontological resource studies for projects in high sensitivity geological units within Union City and implementation of further requirements to avoid or reduce impacts to such resources on a project-by-project basis. The proposed project would not result in any changes to the level of ground disturbance beyond what was anticipated in the 2040 General Plan and evaluated in the General Plan EIR. Implementation of policies and regulations identified in the General Plan EIR would still be required and would minimize any potential impacts related to seismic and other unstable soils and geologic conditions. The project would not result in any new or more severe significant impacts.
 Hazards and Hazardous Materials. The General Plan EIR indicated that there would be less than significant impacts resulting from: the routine transport, use, or disposal of hazardous materials; reasonably foreseeable City Council/RSA Agenda 123 Tuesday, April 9, 2024
Introduction
Union City
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upset and accident conditions involving the release of hazardous materials into the environment; the emission or handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; and being located on a site included on a list of hazardous materials sites and, as a result, creating a significant hazard to the public or the environment. There are no airports within two miles of Union City, and the city is not within the influence area of an airport. The General Plan EIR also determined that there would be less than significant impacts related to hazards from wildfires because the 2040 General Plan policies address maintaining a Local Hazard Mitigation Plan along with emergency access implementation. The General Plan EIR states that compliance with existing applicable regulations, programs, standards such as the Fire Code and Building Code, and implementation of 2040 General Plan goals and policies would minimize risks from routine transport, use, and disposal of hazardous materials, including potential hazards from the accidental release of hazardous materials. Oversight by the appropriate federal, State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public’s potential exposure to these materials (Union City 2019a:4.8-16). All of these City policies and federal, state, and local regulations would apply to any development that would occur on the rezoned sites. Therefore, the project would not change the level of impact identified in the General Plan EIR. No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on hazards and exposure to hazardous materials would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.
 Hydrology/Water Quality. The General Plan EIR indicated that development facilitated by the 2040 General Plan could potentially result in violation of water quality standards or waste discharge requirements, depletion of groundwater supplies or interference with groundwater recharge, and increased risk of pollutant release in flood hazard areas. Compliance with applicable laws and regulations and implementation of goals and policies from the Safety Element, Public Facilities and Services Element, Resource Conservation Element, and Special Areas Element of the 2040 General Plan would reduce hydrology/water quality impacts associated with new development to the maximum extent practicable. The 2040 General Plan facilitates development within urbanized areas of the city, primarily as infill and redevelopment. Wetlands, streams, and rivers do not occur on parcels that have previously or are currently developed and that may be redeveloped. Additionally, any development facilitated by the 2040 General Plan within streams or rivers, as well as wetlands, would be required to obtain the necessary permits from regulatory agencies, which would avoid impacts to streams or rivers. The proposed project would comply with applicable laws and regulations in addition to the required policies and procedures from the 2040 General Plan and Union City Municipal Code and would not result in any additional ground disturbance beyond what was previously analyzed. Therefore, the project would not result in any new or more severe significant impacts.
 Land Use and Planning. The General Plan EIR states that the 2040 General Plan would have less than significant impacts on land use and planning. Implementation of the 2040 General Plan would provide for orderly development in Union City and would not physically divide any established community. The project would include the rezoning of multiple parcels for consistency with the 2040 General Plan. These changes would be made to the Official Union City Zoning Map. This is an implementation action of the 2040 General Plan. State law requires that the municipal zoning code be consistent with the adopted General Plan, and the Implementation Chapter of the 2040 General Plan references this state requirement. The project would also include multiple parcels proposed for a different land use designation in the 2040 General Plan Land Use Diagram, as well as an associated rezoning on the Official Union City Zoning Map. These actions would be taken in order to better align zoning and general plan boundaries with existing property lines, with existing building locations, and/or with historic and current use of the property. This will eliminate the potential for confusion in these locations and reduce the number of land uses in the City that are incompatible with existing zoning and general plan designations. Therefore, these changes would align with the General Plan EIR’s conclusion regarding potential division of an established community. Also, with the project’s approval, revisions to the Zoning Ordinance and Zoning Map would be required to ensure consistency with the 2040 General Plan. Specifically, revisions to the Zoning Map would need to be consistent with the 2040 General Plan, incorporating revisions to the land use City Council/RSA Agenda 124 Tuesday, April 9, 2024
Introduction
Union City
1-6 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments categories and other recommended design and development standards. Future development would be consistent with regulations pertaining to land use and planning. Future development projects on the affected parcels would continue to be reviewed through the City’s development standards (Title 18 of the Municipal Code), entitlement processes, and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to land use. No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on land uses would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.  Mineral Resources. While development on areas containing mineral resources could result in the permanent loss of those minerals, the 2040 General Plan did not include land use designation changes in the hillside area east of State Route 238, where the known mineral deposit occurs. Therefore, the 2040 General Plan would not facilitate new or additional development within the area of the mineral deposit. The proposed project would not propose a change in land use designations in the hillside area; therefore, the project would not result in new or more severe significant impacts beyond what was evaluated in the General Plan EIR.  Population and Housing. The General Plan EIR indicated that implementation of the 2040 General Plan would facilitate the construction of new housing in the city which would increase the City’s population over time.

However, the General Plan EIR determined that the 2040 General Plan accommodates and plans for population growth and includes policies to manage new development. The General Plan EIR indicated that implementation of the 2040 General Plan would not result in the displacement of substantial numbers of persons or housing and concluded the impact to be less than significant. The proposed project would rezone, redesignate, and align parcels consistent with the 2040 General Plan and and would not result in any impacts to population and housing beyond those analyzed in the General Plan EIR.
 Public Services and Recreation. The General Plan EIR indicated that there would be less than significant impacts related to the construction of fire and police protection facilities, school facilities, libraries, and park facilities. The General Plan EIR found that development facilitated by the 2040 General Plan would increase the overall population in Union City, which would generate additional need for fire protection, and police protection services. With an increase in the population, there would be a subsequent increase in the population of schoolaged children in the city, increasing demand for school services and potentially creating the need for new school facilities. The increase in population from implementing the 2040 General Plan would further increase the demand for library services and potentially the need for new library facilities in addition to increased demand for parks with the potential need for new park facilities. The proposed project would rezone, redesignate and align parcels consistent with the 2040 General Plan and and would not result in any impacts to population and housing beyond those analyzed in the General Plan EIR. No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impacts on public services and recreation would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.  Tribal Cultural Resources. The General Plan EIR indicated that development projected by General Plan 2040 would have less than significant impacts related to tribal cultural resources. The General Plan EIR anticipates some development projects that may involve excavation, which will have the potential to impact previously unidentified tribal cultural resources. Effects on tribal cultural resources can only be known once a specific project has been proposed because the effects are highly dependent on the individual project site conditions, and the characteristics of the proposed activity, including but not limited to the level of ground disturbance associated with construction activities. In accordance with the provisions of Assembly Bill (AB) 52 and Senate Bill (SB) 18, the City prepared and mailed letters to local Native American contacts informing them of the project on November 28, 2023. None of the tribes contacted responded to request consultation. This project would rezone, redesignate and align parcels consistent with the 2040 General Plan. New tribal cultural resources may be identified or established during the development process on an individual site, but it is assumed that future development would be consistent with regulations pertaining to tribal cultural resources, and impacts would be of similar type and severity as what could occur under the current zoning district and land use designation. No City Council/RSA Agenda 125 Tuesday, April 9, 2024
Introduction
Union City
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substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification.
 Utilities and Service Systems. The General Plan EIR indicated that there would be less than significant impacts related to wastewater treatment, new or expanded utility infrastructure, wastewater generation, water supply, solid waste generation, and demand for utility services. It is assumed that future development on the individual sites to be rezoned or redesignated with the project would be consistent with regulations pertaining to utilities and service systems, and impacts would be of similar type and severity as what could occur under the current zoning district and land use designation. Future development projects will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to utilities. No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on utilities and service systems would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.
 Wildfire. The General Plan EIR concluded that the impact related to wildland fires under the 2040 General Plan would be less than significant. Wildfire risk in Union City is limited to the hillside area east of State Route 238 because this area is undeveloped and contains large tracts of vegetation cover that can act as fire fuel. The project does not include changes to the land use designations in the hillside area that would allow for more or increased development compared to what is currently allowed under the 2040 General Plan, which is the area of the city most susceptible to wildfire. In addition, the Safety Element of the 2040 General Plan includes polices to reduce the potential for uncontrolled wildfires in the hillside area and to reduce the potential for structural damage from uncontrolled fire. The parcels to be rezoned, redesignated and aligned with the 2040 General Plan are all located in urban areas and are surrounded by existing development. Therefore, any proposed change in allowed use would not result in any changes to potential wildfire risk or environmental impacts resulting from wildfire than under existing conditions. Future development projects on the affected parcels would continue to be reviewed through the City’s entitlement process and the CEQA process to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to wildfire. No new or more severe significant impacts related to wildfire risk would occur beyond what was previously analyzed in the General Plan EIR.

City Council/RSA Agenda 126 Tuesday, April 9, 2024
City Council/RSA Agenda 127 Tuesday, April 9, 2024
Ascent Environmental Project Description
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 2-1 2 PROJECT DESCRIPTION

2.1 PROJECT OVERVIEW
The proposed amendments can be broken down into two categories.

The first category includes both amendments to a site’s land use designation shown on the 2040 General Plan Land Use Diagram, as well as the zoning designation shown on the Official Union City Zoning Map. These “clean-up” actions would be taken in order to better align zoning and general plan boundaries with existing property lines, with existing building locations, and/or with historic and current uses of the property.

In addition, there is one parcel (APN 482-27-7-15) that is incorrectly identified as Residential (10-17 du/ac) in the General Plan and Light Industrial (ML) on the Zoning Map, but was intended to be Open Space in both the General Plan and Zoning Map, since the property is used as a drainage canal. This error would be corrected by the proposed amendments.

The second category includes parcels proposed to be rezoned for consistency with the 2040 General Plan adopted December 10, 2019. This is an implementation action of the 2040 General Plan. State law requires that the Official Zoning Map be consistent with the adopted General Plan, and the Implementation Chapter of the 2040 General Plan references this state requirement.

General Plan Land Use Diagram Amendments
Exhibit A of this Addendum shows all parcels where a General Plan Land Use Diagram change is proposed. Table 1, below, identifies each of these parcels, along with a rationale for each change proposed.

Table 1. Proposed General Plan Land Use Diagram Changes Exhibit A
Map
Area
APN Existing GP
Designation
Proposed GP
Designation
Rationale for Change
A1 483-15-68 Residential (10-17) Private Institutional Align with current and historic property use 483-15-69 Residential (10-17) Private Institutional Align with current and historic property use A2 482-27-7-15 Residential (10-17) Open Space Align with use as a drainage canal A3
475-150-8-3
Special Industrial
(MS) & Light
Industrial (ML)
Special Industrial
(MS) & Light
Industrial (ML)
Ensure designation does not split a building
475-150-9-1 MS & ML MS & ML Ensure designation does not split a building 475-111-60 MS & ML MS & ML Ensure designation does not split a building City Council/RSA Agenda 128 Tuesday, April 9, 2024
Project Description Ascent Environmental
Union City
2-2 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 475-111-59 MS & ML MS & ML Ensure designation does not split a building 475-111-15-11 MS & ML MS & ML Ensure designation does not split a building 475-111-41 MS & ML ML Ensure designation follows property line 475-111-42 MS & ML MS Ensure designation follows property line 475-111-61 ML Civic Facility Align with current and historic property use 475-111-43 MS & ML Civic Facility Align with current and historic property use A4
475-111-14 MS & ML MS & ML
Align designation boundary with adjacent
property
475-100-4 MS & ML MS & ML Ensure designation does not split a building 475-100-38 MS & ML MS & ML
Align designation boundary with adjacent
property
475-111-11 MS & ML MS Ensure designation follows property line 475-111-10 MS & ML MS Ensure designation follows property line 475-100-36 MS & ML MS Ensure designation follows property line Zoning Map Amendments
Exhibit B of this Addendum shows all parcels where a change to the Official Union City Zoning Map is proposed.

Table 2, below, identifies each of these parcels, along with a rationale for each change proposed.

Table 2. Proposed Zoning Map Changes
Exhibit
B Map
Area
APN Existing Zoning District Proposed Zoning
District
Rationale for Change
B1 483-15-68 Multifamily Residential
(RM 2500)
Private Institutional
(PI)
Align with current and historic property use
483-15-69 RM 2500 PI Align with current and historic property use City Council/RSA Agenda 129 Tuesday, April 9, 2024
Ascent Environmental Project Description
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 2-3 B2 482-20-19-5 Agricultural (A) Open Space (OS) Align with 2040 General Plan 482-20-9 Light Industrial (ML) OS Align with 2040 General Plan 482-27-7-15 ML OS Align with use as a drainage canal
B3
475-150-8-3
Special Industrial (MS) &

ML MS & ML
Align with adjacent property boundary
475-150-9-1 MS & ML MS & ML Ensure designation does not split a building 475-111-60 MS & ML MS & ML Ensure designation does not split a building 475-111-59 MS & ML MS & ML Ensure designation does not split a building 475-111-15-11 MS & ML MS & ML Ensure designation does not split a building 475-111-41 MS & ML ML Ensure designation follows property line 475-111-42 MS & ML MS Ensure designation follows property line 475-111-61 ML Civic Facility (CF) Align with current and historic property use 475-111-43 MS & ML CF Align with current and historic property use B4
475-111-14 MS & ML MS & ML
Align designation boundary with adjacent
property
475-100-4 MS & ML MS & ML Ensure designation does not split a building 475-100-38 MS & ML MS & ML
Align designation boundary with adjacent
property
475-111-11 MS & ML MS Ensure designation follows property line 475-111-10 MS & ML MS Ensure designation follows property line 475-100-36 MS & ML MS Ensure designation follows property line B5
486-6-28-1
Community Commercial
(CC)
Corridor Mixed Use
Commercial (CMU)
Align with 2040 General Plan
City Council/RSA Agenda 130 Tuesday, April 9, 2024
Project Description Ascent Environmental
Union City
2-4 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 486-6-31 CC CMU Align with 2040 General Plan
486-6-32 CC CMU Align with 2040 General Plan
486-6-33 CC CMU Align with 2040 General Plan
486-6-34 CC CMU Align with 2040 General Plan
486-6-81-4 CC CMU Align with 2040 General Plan
486-6-82 CC CMU Align with 2040 General Plan
486-6-84-1 CC CMU Align with 2040 General Plan
486-3-64 CC CMU Align with 2040 General Plan
B6 475-50-18 General Industrial (MG) MG & ML Align with 2040 General Plan 475-50-19 MG MG & ML Align with 2040 General Plan
B7 482-96-16-1 A OS Align with 2040 General Plan
482-96-16-2 A OS Align with 2040 General Plan
482-96-17 A OS Align with 2040 General Plan
482-5-1-3 A OS Align with 2040 General Plan
482-5-11-3 A OS Align with 2040 General Plan
482-96-18 A OS Align with 2040 General Plan
482-96-19 A OS Align with 2040 General Plan
B8 482-40-21 511 OS Align with 2040 GP and 511 Specific Plan 482-40-13-7 511 OS Align with 2040 GP and 511 Specific Plan 482-40-15-1 511 OS Align with 2040 GP and 511 Specific Plan 482-40-7-2 511 OS Align with 2040 GP and 511 Specific Plan City Council/RSA Agenda 131 Tuesday, April 9, 2024
Ascent Environmental Project Description
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 2-5 482-40-8-1 511 OS Align with 2040 GP and 511 Specific Plan 482-40-23 511 OS Align with 2040 GP and 511 Specific Plan 482-40-12-1 511 OS Align with 2040 GP and 511 Specific Plan 482-40-8-5 511 OS Align with 2040 GP and 511 Specific Plan 482-40-8-2 511 OS Align with 2040 GP and 511 Specific Plan 482-53-5 511 OS Align with 2040 GP and 511 Specific Plan 482-50-1-1 511 OS Align with 2040 GP and 511 Specific Plan 482-53-6 511 OS Align with 2040 GP and 511 Specific Plan 482-50-10-6 511 OS AligB10n with 2040 GP and 511 Specific Plan B9 482-50-5-2 511 OS Align with 2040 GP and 511 Specific Plan 482-50-8 511 OS Align with 2040 GP and 511 Specific Plan 482-50-7-2 511 OS Align with 2040 GP and 511 Specific Plan 543-361-1 511 OS Align with 2040 GP and 511 Specific Plan B10
475-151-4
Multifamily Residential
(1500) – Housing
Element
Multifamily
Residential (1500)
Align with 2040 GP and Housing Element
475-183-1 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-10 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-11 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-12 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-13 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-14 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element City Council/RSA Agenda 132 Tuesday, April 9, 2024
Project Description Ascent Environmental
Union City
2-6 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 475-183-15 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-16 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-17 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-18 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-19 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-2 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-20 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-21 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-22 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-23 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-24 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-25 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-26 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-27 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-28 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-29 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-3 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-30 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-31 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-32 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-33 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element City Council/RSA Agenda 133 Tuesday, April 9, 2024
Ascent Environmental Project Description
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 2-7 475-183-34 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-35 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-36 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-37 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-38 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-39 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-4 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-40 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-41 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-42 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-43 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-44 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-45 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-46 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-47 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-48 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-49 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-5 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-50 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-51 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-52 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element City Council/RSA Agenda 134 Tuesday, April 9, 2024
Project Description Ascent Environmental
Union City
2-8 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 475-183-53 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-54 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-55 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-56 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-57 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-58 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-59 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-6 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-60 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-61 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-62 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-63 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-64 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-65 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-66 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-68 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-69 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-7 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-70 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-71 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-72 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element City Council/RSA Agenda 135 Tuesday, April 9, 2024
Ascent Environmental Project Description
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 2-9 475-183-8 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element 475-183-9 RM-1500-HE RM-1500 Align with 2040 GP and Housing Element B11 87-11-17-6 OS & RM-1500-HE OS & RM-1500 Align with 2040 GP and Housing Element 87-11-15-14 RM-2500 & PI RM-2500 & RM-1500 Align with 2040 GP and Housing Element B12 475-1-12-4 MS CC Align with 2040 General Plan
475-1-13 MS CC Align with 2040 General Plan
475-1-16 MS CC Align with 2040 General Plan
475-1-17 MS CC Align with 2040 General Plan
475-1-20 MS CC Align with 2040 General Plan
475-1-21 MS CC Align with 2040 General Plan
475-1-8-3 MS CC Align with 2040 General Plan
475-10-24 MS CC Align with 2040 General Plan
475-10-28 MS CC Align with 2040 General Plan
City Council/RSA Agenda 136 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Proposed Designations – Area A1
Existing Designations – Area A1
City Council/RSA Agenda 137 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Existing Designations – Area A2
Proposed Designations – Area A2
City Council/RSA Agenda 138 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Proposed Designations – Area A3
Existing Designations – Area A3
City Council/RSA Agenda 139 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Proposed Designations – Area A4
Existing Designations – Area A4
City Council/RSA Agenda 140 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B1
Proposed Zoning – Area B1
City Council/RSA Agenda 141 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B2
Proposed Zoning – Area B2
City Council/RSA Agenda 142 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B3
Proposed Zoning – Area B3
City Council/RSA Agenda 143 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B4
Proposed Zoning – Area B4
City Council/RSA Agenda 144 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B5
Proposed Zoning – Area B5
City Council/RSA Agenda 145 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B6
Proposed Zoning – Area B6
City Council/RSA Agenda 146 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B7
Proposed Zoning – Area B7
City Council/RSA Agenda 147 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B8
Proposed Zoning – Area B8
City Council/RSA Agenda 148 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B9
Proposed Zoning – Area B9
City Council/RSA Agenda 149 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B10
Proposed Zoning – Area B10
City Council/RSA Agenda 150 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B11
Proposed Zoning – Area B11
RM 1500
City Council/RSA Agenda 151 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B12
Proposed Zoning – Area B12
City Council/RSA Agenda 152 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 3-1 3 EIR CONFORMITY EVALUATION
As described in the Introduction, the purpose of this EIR conformity evaluation is to review relevant environmental topic areas for any changes in circumstances or substantial new information as defined under State CEQA Guidelines Section 15162 (stated above), as compared to the environmental impacts identified in the certified EIR prepared for the General Plan. Most environmental issue areas were dismissed from more detailed evaluation (see Introduction for the reasons why each section was eliminated from the detailed conformity evaluation). The General Plan EIR identified several environmental resource areas where development under the 2040 General Plan would result in significant and unavoidable environmental impacts. These areas included the following and are evaluated in greater detail below to determine if the project would increase the severity of these already identified impacts, or result in new impacts that would be significant and unavoidable:
 Aesthetics
 Greenhouse Gas Emissions
 Noise
 Transportation
City Council/RSA Agenda 153 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
3-2 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments

3.1 AESTHETICS
The General Plan EIR anticipated that development under the 2040 General Plan would have significant and unavoidable impacts on the visual resources in some areas of the city, specifically those with a view of the hillside area, marshlands along the bay, or other open space areas and in the existing urbanized areas of the city. The following goals and associated policies from the 2040 General Plan Community Design Element and Resource Conservation Element would reduce potential impacts to views of scenic open space in the city and provide protection of open space areas in the city, including scenic vistas of these areas.

Community Design Element Goals and Policies
 Goal CD-2: Protect and enhance the visual and physical access to the hillsides, Baylands, and creeks.  Policy CD-2.1 Frame Visual Access to Hillside Views. As the city redevelops, the City shall use the layout of streets, blocks, and pedestrian corridors to provide visual access to hillside views.  Policy CD-2.2 Minimize Hillside Viewshed Impacts. The City shall minimize the viewshed impacts of development at the base of the hillsides.
 Policy CD-2.5 Minimize Visual Impact on Baylands. The City shall ensure that new development near the Baylands respects its natural setting by maintaining visual harmony with the Baylands and using buffers such as pedestrian trails, linear parks, and landscaped rights-of-way.  Policy CD-2.8 Provide Visual Access to Creeks. Wherever practical, new development shall provide visual access to creeks.

Resource Conservation Element Goals and Policies
 Goal RC-1: To provide for a continuous system of open spaces for the preservation, enhancement, and protection of open space land.
 Policy RC-1.1 Provide for a Variety of Open Spaces. The City shall provide a variety of open spaces including open space for public use and enjoyment and for the protection of agricultural uses including grazing, wildlife habitats, and scenic vistas.
 Policy RC-1.2 Protect Scenic Views. The City shall strive to protect areas of outstanding natural scenic qualities and outstanding views of natural or man-made significance, such as ridgelines and valley sides in the eastern hillsides and the critical wetland areas at the western end of the city through regulation, public acquisition, or dedication of development rights or scenic easements.
 Policy RC-1.3 Observation Areas. The City shall encourage observation areas with outstanding vistas be provided in coordination with recreational trails
The General Plan EIR indicated that the 2040 General Plan would have less than significant impacts related to new sources of light and glare. The General Plan EIR indicated that the 2040 General Plan would have less than significant impacts related to damage of other scenic resources within a state scenic highway.

The General Plan EIR concluded that development under the General Plan would result in a significant and unavoidable impact related to scenic views, including hillside views. The EIR also concluded that there were no mitigation measures available to reduce the potential visual impact associated with increased maximum height limits to a less than significant level. However, the applicable goals and policies in the 2040 General Plan, listed above, would address and minimize the potential intrusion into scenic vistas. The General Plan EIR indicates that nonresidential development facilitated through the 2040 General Plan could result in buildings ranging in height from 40 to 75 feet in the City’s business parks and up to 160 feet in the Greater Station District (Union City 2019a). The EIR’s analysis assumes that new residential development would be between three and eight stories (Union City 2019a: 4.1- 10); this equates to a building height between 30 and 80 feet. Therefore, even in the event that a structure was developed on one of the rezoned sites at the proposed maximum allowed height of 55 feet, it would still be City Council/RSA Agenda 154 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 3-3 consistent with the analysis of the General Plan EIR and would not result in an increase in severity of a significant impact.

The project would include the rezoning of multiple parcels for consistency with the 2040 General Plan. The project would also include multiple parcels proposed for a different land use designation in the 2040 General Plan Land Use Diagram, as well as an associated rezoning on the Official Union City Zoning Map. These actions would be taken in order to better align zoning and general plan boundaries with existing property lines, with existing building locations, and/or with historic and current use of the property. In the event future development projects are proposed for these parcels, they would continue to comply with General Plan policies and will be reviewed through the City’s development standards (e.g., Municipal Code and design review process), entitlement process and the CEQA process to ensure consistency with all relevant federal and State policies and related to aesthetic resources.

City Council/RSA Agenda 155 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
3-4 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments

3.2 GREENHOUSE GAS EMISSIONS
The General Plan EIR indicated that there would be significant and unavoidable impacts associated with development facilitated by the 2040 General Plan and the overall generation of greenhouse gas emissions (GHGs). Based on the growth factors prepared by Mintier Harnish (2018), as well as traffic modeling and vehicle miles traveled (VMT) data provided by Hexagon Transportation Consultants (2018), emissions facilitated through the 2040 General Plan would exceed the 2040 efficiency threshold of 1.12 metric tons of carbon dioxide equivalent (MT CO2e) per service population per year. Likewise, construction activities associated with buildout of the 2040 General Plan would generate temporary short-term GHG emissions primarily due to the operation of construction equipment and worker and hauling trips.

Goals, policies, and implementation programs included in the Resource Conservation Element, Public Facilities Element, and Mobility Element with the direct purpose of reducing GHG emissions are listed below.

Mobility Element Goals and Policies
 Goal M-3: Provide an accessible, sustainable, efficient, and convenient public transit system for residents, workers, and visitors in Union City.
 Policy M-3.21: Greening the Bus Fleet. The City shall continue to increase the use of alternative fuel vehicles in the bus fleet and shall support opportunities for in-route charging infrastructure for electric transit vehicles.  Implementation Program M-3.C: Convert Bus Fleet. The City shall convert the bus fleet to a zeroemission fleet as vehicle replacement funds become available through the Metropolitan Transportation Commission and the Federal Transit Administration.
 Goal M-4: Establish a safe, convenient, and efficient street network that facilitates vehicle travel throughout Union City.
 Policy M-4.19: Electric Vehicle Charging Stations. The City shall support electric vehicles and other lowemissions/zero-emissions vehicles by working with third-party vendors to provide easily accessible charging stations within the city.

Resource Conservation Element Goals and Policies
 Goal RC-6: The City shall continue to promote programs and initiatives that support and maximize energy conservation and the use of renewable energy in Union City.  Policy RC-6.1: Reduced Energy Consumption. The City shall support measures to reduce energy consumption and increase energy efficiency in residential, commercial, industrial, and public buildings.  Policy RC-6.2: Renewable Energy. The City shall support measures to reduce energy consumption and increase energy efficiency in residential, commercial, industrial, and public buildings.  Policy RC-6.3: Solar Technology on Private Buildings. The City shall encourage the incorporation of solar panels and other solar technology on parking structures and residential, industrial, and commercial buildings.  Policy RC-6.4: Solar Panels on City Facilities. The City shall install solar panels on City facilities, as appropriate and feasible.
 Policy RC-6.5: Use of Landfills for Renewable Energy. The City shall encourage the reuse of closed landfills within the City, including the Turk Island Landfill, as a site for solar or other renewable energy generation.  Policy RC-6.6: Energy-Efficient Lighting. The City shall employ energy-efficient lighting technology to reduce the energy required to light parks, streets, and public facilities.  Policy RC-6.7: Green Building. The City shall encourage new development to adopt and incorporate green building features included in the CalGreen Tier 1 checklist in project designs, and shall consider future City Council/RSA Agenda 156 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 3-5 amendments to the municipal Code to adopt CalGreen Tier 1 requirements consistent with the State building code.
 Policy RC-6.8: Zero Net Energy. The City shall encourage Zero Net Energy (ZNE) building design for new residential and non-residential construction projects, and consider future amendments to the Municipal Code to adopt ZNE requirements consistent with the State building code.  Policy RC-6.9: Water Heater Replacement. The City shall encourage the use of high-efficiency or alternatively-powered water heater replacements at time of replacement in existing residential development.  Implementation Program RC-6.A: High-Efficiency or Alternatively-Powered Water Heater Replacement Program. The City shall provide educational material and information on the City website and through the Building Division on high-efficiency and alternatively-powered water heater replacement options available to current homeowners considering water heater replacement. The City shall streamline the permitting process for high-efficiency and alternatively-powered water heater replacement, and develop appropriate financial incentives by working with energy utilities or other partners. Replacement water heaters could include high-efficiency natural gas (i.e., tankless), or other alternatively-powered water heating systems that reduce or eliminate natural gas usage such as solar heating systems, tankless or storage electric water heaters, and electric heat pump systems.

Public Facilities and Services Element Goals and Policies  Goal PF-2: To operate and function in a sustainable manner, use public revenues and resources efficiently, and provide professional, high-quality service to residents and businesses.  Policy PF-2.13: New Technology in City Facilities. As financially feasible, the City shall incorporate new technology into public buildings and operations on an ongoing basis to increase efficiency and productivity, reduce operating costs, enhance customer service, improve communication with residents, and facilitate access to City services.
 Policy PF-2.14: Sustainable Practices. The City shall consider the following as part of everyday operations:
 Implementation of green infrastructure systems that reduce impacts on the environment;  Purchasing decisions that minimize the generation of waste;  Recycling programs that reduce waste;
 Energy efficiency and conservation practices that reduce water, electricity, and natural gas use; and  Fleet operations that reduce gasoline consumption.
 Policy PF-2.15: Energy Efficient Buildings and Infrastructure. The City shall continue to improve energy efficiency of City buildings and infrastructure through efficiency improvements, equipment upgrades, and installation of clean, renewable energy systems to achieve climate action goals and reduce operating costs.  Policy PF-4.3: Renewable Energy Generation at Wastewater Treatment Facility. The City shall support efforts by Union Sanitary District to supply the energy demand from the wastewater treatment facility through renewable energy generation.
 Goal PF-7: Ensure the provision of a reliable, efficient, cost-effective, and environmentally-sound gas and electric service within Union City.
 Policy PF-7.1: Community Choice Energy. The City shall participate in regional efforts to provide competitive electricity rates and cleaner energy that reduces GHG emissions to Union City residents and businesses.  Policy PF-7.6: Expedite Solar Energy Installation. The City shall expedite the review and permitting of solar installations.

In addition to the above policies and implementation programs, the 2040 General Plan encourages infill and transitoriented development and active transportation to reduce overall GHG emissions throughout the city. The 2040 City Council/RSA Agenda 157 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
3-6 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments General Plan contains land-use strategies to encourage high-density and mixed-use development adjacent to the Intermodal Station, along transit corridors, and near job centers. The 2040 General Plan further identifies infill development and creative reuse and redevelopment of existing sites as the primary means for accommodating future growth. Although the 2040 General Plan encourages placing services and amenities close to where people live and work, buildout is still anticipated to result in GHG emissions above the per service population target established for the 2040 General Plan to meet statewide goal trajectories. Therefore, the following mitigation measure was included in the General Plan EIR analysis and would continue to apply to subsequent development:
 Mitigation Measure GHG-1 Update to Climate Action Plan. In accordance with Implementation Program RC-7.A of the 2040 General Plan, the City of Union City shall update its Climate Action Plan (CAP). The updated CAP shall demonstrate a pathway to achieving the GHG reduction targets for Union City’s fair share contribution consistent with SB 32 and Executive Order S-3-05. Implementation measures in the updated CAP may include but are not limited to the following:
 Develop and adopt Zero Net Energy requirements for new residential and non-residential development  Develop and adopt a building electrification ordinance  Implement VMT reduction measures such as improvements to public transit, full buildout of the Pedestrian and Bicycle Master Plan, and incentivization of transit-oriented development  Expand charging infrastructure for electric vehicles
 Implement carbon sequestration by expanding the urban forest, participating in soil-based or compost application sequestration initiatives, supporting regional open space protection, and/or incentivizing rooftop gardens
 Purchase carbon offsets from a validated source1
Mitigation Measure GHG-1 requires updating the City’s CAP to reflect the most recent GHG reduction regulations and establish a Citywide GHG reduction target. In the absence of the updated CAP the General Plan EIR establishes per service population GHG emission thresholds for the year 2040, specific to the 2040 General Plan.

The project would include the rezoning of multiple parcels for consistency with the 2040 General Plan. Future development on these parcels would be consistent with regulations pertaining to GHG emissions, and impacts would be of similar type and severity as what was analyzed in the General Plan EIR. Future development projects will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant State policies and consistency with all relevant City General Plan policies related to GHGs.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on greenhouse gas emissions would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.
1 Validated sources are carbon offset sources that follow approved protocols and use third-party verification. At this time, appropriate offset providers include only those that have been validated using the protocols of the Climate Action Registry, the Gold Standard, or the Clean Development Mechanism (CDM) of the Kyoto Protocol. Credits from other sources will not be allowed unless they are shown to be validated by protocols and methods equivalent to or more stringent than the CDM standards.

City Council/RSA Agenda 158 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 3-7

3.3 NOISE
The General Plan EIR indicated that there would be significant and unavoidable impacts related to development projected under the 2040 General Plan and the temporary generation of increased noise levels and groundborne vibrations during construction. The following mitigation measure was included in the General Plan EIR analysis and would continue to apply to subsequent development:
 Mitigation Measure N-1 Construction Noise Reduction. For projects involving impact pile-drivers that are located within 400 feet of noise-sensitive receptors, projects involving sonic piledrivers that are located within 200 feet of construction, and projects without pile-driving that are located within 175 feet from noise-sensitive receptors, the following mitigation would be required:
 Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction related noise sources and noise-sensitive receptors.  Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.
 Additional Noise Attenuation Techniques. During the clearing, earth moving, grading, and foundation/conditioning phases of construction, temporary sound barriers shall be installed and maintained between the construction site and the sensitive receptors. Temporary sound barriers shall consist of sound blankets affixed to construction fencing or temporary solid walls along all sides of the construction site boundary facing potentially sensitive receptors.

Even after implementation of identified mitigation measures, the General Plan EIR concludes that buildout of the 2040 General Plan would result in significant and unavoidable impacts related to construction noise. The project would include the rezoning of multiple parcels for consistency with the 2040 General Plan and would not change the amount of ground disturbance assumed in the General Plan EIR; therefore, the overall level of construction noise would be substantially similar.

The General Plan EIR concluded that impacts related to new on-site noise sources associated with residential, commercial, and industrial land uses, which considers potential increase traffic noises, are less than significant. Future development projects on the rezoned parcels will continue to be reviewed through the City’s noise standards, entitlement process, and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to noise and vibration.

3.4 TRANSPORTATION
The General Plan EIR indicated that the 2040 General Plan would be inconsistent with CEQA Guidelines Section 15064.3, subdivision (B) and have significant and unavoidable impacts on vehicle miles travelled (VMT) in Union City.

City Council/RSA Agenda 159 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
3-8 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments New development would also have significant and unavoidable impacts on traffic on roadways in and surrounding the city. Additionally, the General Plan EIR indicated that the 2040 General Plan would have less than significant impacts related to the provision of emergency access; and conflicts with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, and the performance or safety of such facilities.

With limited opportunities for new development in Union City, the 2040 General Plan emphasizes infill and reuse development within the city limits, encourages higher-density and mixed use projects where appropriate, and supports walkable design that compliments the existing natural and built environment to reduce VMT per service population. The 2040 General Plan further provides the policy framework to guide future development toward land uses that support walking, biking, and transit ridership, including a Vision Zero policy. The 2040 General Plan places a greater emphasis on active transportation infrastructure such as protected bike lanes and enhanced pedestrian crossings, improved transit facilities and services, and ADA accessibility. In addition to the 2040 General Plan’s land use strategy, the 2040 General Plan contains several policies and implementation programs intended to minimize or avoid VMT generated by Union City residents. While the 2040 General Plan encourages infill development and redevelopment in urbanized areas of the city, including near transit and the BART station, the additional population growth would result in a net increase in the total VMT within the city.

The 2040 General Plan establishes the following goals and policies that are intended to result in roadway designs that safely accommodate all users:

Mobility Element Goals and Policies
 Goal M-1: Design and maintain streets to be safe and accessible for all categories of users.  Policy M-1.3: Planning for Complete Streets. The City shall incorporate “complete streets” practices as a routine part of everyday operations, and a factor to be considered in every projects, program, and practice relating to the transportation network for all categories of users, and work in coordination with other departments, agencies, and jurisdictions to maximize opportunities for complete streets, connectivity, and cooperation.
 Policy M-1.4: Safe Travel for All Users. The City shall ensure complete streets infrastructure sufficient to enable reasonably safe travel along and across the right of way for each category of users is incorporated into all planning, funding, design, approval, and implementation process for any construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of streets, except that specific infrastructure for a given category of users may be excluded if an exception is approved by the Public Works Director.  Goal M-2: To provide a robust and interconnected bicycle and pedestrian circulation system throughout the City.  Policy M-2.9: Safe Pedestrian Environment. The City shall implement improvements to create a safe pedestrian environment.
 Policy M-2.11: Minimize Cub Cuts. The City shall require new development to minimize the number and width of curb cuts for vehicle traffic to reduce vehicle conflicts with pedestrians.  Policy M-2.12: Safety in Sidewalk Design. The City shall prioritize safety in the design of sidewalk improvements along major arterials, including separating sidewalks from vehicle travel lanes where possible.  Goal M-4: Establish a safe, convenient, and efficient street network that facilitates vehicle travel throughout Union City.
 Policy M-4.5: Require Projects to Address Transportation Impacts. The City shall require developers to address the impacts that their projects will have on the City’s transportation system and implement all feasible mitigation measures, including impact fees, street improvements, traffic signal and intelligent transportation systems improvements, transportation demand management, and improvement of nonautomobile transportation modes.

City Council/RSA Agenda 160 Tuesday, April 9, 2024
EIR Conformity Evaluation
Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 3-9  Policy M-4.6: Transportation Impact Fee and Other Funding. The City shall establish a transportation impact fee to ensure new development pays its fair share contributions to transportation improvements and shall continue to explore other funding sources to assist large-scale capital projects.  Policy M-4.11: Support Quarry Lakes Parkway. The City shall pursue the timely construction of Quarry Lakes Parkway as a partially depressed and at grade parkway from Mission Boulevard to Interstate 880 to resolve current circulation deficiencies, improve the area’s regional access and visibility, and stimulate the market for region serving retail, light industrial/ service commercial, and office uses.  Policy M-4.14: Dyer Street Extension. The City shall plan for the extension of Dyer Street to link the Calaveras Landing and Union Landing shopping centers.

The project would include the rezoning of multiple parcels for consistency with the 2040 General Plan and would not involve changes related to the future site design, access, or circulation and would therefore not result in changes to the Draft EIR’s analysis and conclusion related to hazardous design features, inadequate emergency access, or conflicts with a program, plan, ordinance or policy addressing the circulation system.

Increasing residential density in urbanized areas that are well-served by transit and/or within existing employmentrich areas, generally results in a reduction of VMT and impacts on transportation in the city by promoting the enhancement of connectivity (Union City, 2019a). Therefore, the proposed project would not result in an increase in the severity of the impact related to VMT efficiency compared to the level evaluated in the General Plan EIR. No substantial changes would occur beyond what was addressed in the General Plan EIR that would substantially alter city-wide anticipated under the General Plan. Development would be consistent with regulations pertaining to transportation.

Future development projects on the rezoned parcels will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to transportation.

City Council/RSA Agenda 161 Tuesday, April 9, 2024
List of Preparers and Persons Consulted
City of Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 3-1 Derek Farmer, Planning Manager
City Council/RSA Agenda 162 Tuesday, April 9, 2024
References
City of Union City
General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments 4-1 4 REFERENCES
Association of Bay Area Governments. 2022 (March). Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031. Available: https://abag.ca.gov/tools-resources/digitallibrary/finalrhnaallocationreport2023-2031-approved0pdf. Accessed: September 2022.

ABAG. See Association of Bay Area Governments.

California Air Resources Board. 2022 (May). Draft 2022 Scoping Plan Update. Appendix D: Local Actions. Available:
https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Accessed September 2022. ——. 2022 (May). Draft 2022 Scoping Plan Update. Appendix E: Sustainable and Equitable Communities. Available:
https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Accessed September 2022.

CARB. See California Air Resources Board.

City of Union City. 2019a (June). 2040 Union City General Plan Update Draft Environmental Impact Report. Available:
https://www.unioncity.org/356/General-Plan. Accessed: September 2022. ——. 2019b (November). 2040 Union City General Plan Update Final Environmental Impact Report. Available:
https://www.unioncity.org/356/General-Plan. Accessed: September 2022. ——. 2022 (July). Revised Public Review Draft Housing Element 2023-2031. Available:
https://www.unioncity.org/604/Housing-and-Safety-Element-Update. Accessed: September 2022.

Mintier Harnish. 2018. Union City General Plan Update Buildout Methodology Memorandum [draft]. September 20, 2018.

City Council/RSA Agenda 163 Tuesday, April 9, 2024
References
Union City
4-2 General Plan (AG-24-001) and Zoning Map (A-24-001) Amendments This page intentionally left blank.

City Council/RSA Agenda 164 Tuesday, April 9, 2024
ATTACHMENT 2
CITY COUNCIL RESOLUTION NUMBER XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING GENERAL PLAN AMENDMENT, AG-24-001, TO UPDATE THE LAND

USE DIAGRAM TO BETTER ALIGN WITH EXISTING PARCEL LINES, BUILDING

LOCATIONS AND HISTORIC AND CURRENT LAND USES
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and
WHEREAS, staff initiated amendments to the General Plan Land Use Diagram (AG-24- 001) and Official Zoning Map (A-24-001) for multiple sites, both for consistency with the 2040 General Plan and to better align with existing parcel lines, building locations, and historic and current land uses or to address a parcel that has an incorrect designation (“Project”); and WHEREAS, the General Plan amendments are shown in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Addendum to the 2040 General Plan was prepared for the Project; and WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the Project on March 21, 2024 at which time all interested parties had the opportunity to be heard. The Planning Commission considered and adopted Resolution No. 4-24 recommending adoption of the CEQA Addendum prepared for the Project and Resolution No. 5-24 recommending approval of the Project. The Staff Report, Desk Item and Planning Commission Resolutions are incorporated herein by reference; and WHEREAS, the City Council reviewed the Project and Addendum at a noticed public hearing on April 9, 2024, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council adopted Resolution XXXX-24, dated April 9, 2024, and incorporated herein by reference, adopting an Addendum to the 2040 General Plan Environmental Impact Report for the Project; and
NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves General Plan Amendment, AG 24-001, to amend the General Plan Land Use Diagram as contained in Exhibit B and does hereby find as follows:

1. Pursuant to Government Code Section 65358(a), that the proposed General Plan amendment will update the Land Use Diagram to better align with existing parcel lines, City Council/RSA Agenda 165 Tuesday, April 9, 2024
Resolution No. XXX-24

Page 2 of 2 ends

building locations, and historic and current land uses. This will provide certainty to future property owners and staff regarding what general plan designation applies to a property where it is currently ambiguous and will also ensure that a site’s general plan designation reflects what the site historically and currently has been used for.

City Council/RSA Agenda 166 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Proposed Designations – Area A1
Existing Designations – Area A1
City Council/RSA Agenda 167 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Existing Designations – Area A2
Proposed Designations – Area A2
City Council/RSA Agenda 168 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Proposed Designations – Area A3
Existing Designations – Area A3
City Council/RSA Agenda 169 Tuesday, April 9, 2024
Exhibit A: Existing and Proposed General Plan Designations Proposed Designations – Area A4
Existing Designations – Area A4
City Council/RSA Agenda 170 Tuesday, April 9, 2024
ATTACHMENT 3
ORDINANCE NO. XXX-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPTING AMENDMENTS TO THE CITY’S OFFICIAL ZONING MAP (A-24-001) FOR CONSISTENCY WITH THE 2040 GENERAL PLAN
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, staff initiated amendments to the General Plan Land Use Diagram (AG-24- 001) and Official Zoning Map (A-24-001) for multiple sites, both for consistency with the 2040 General Plan and to better align with existing parcel lines, building locations, and historic and current land uses or to address a parcel that has an incorrect designation (“Project”); and WHEREAS, the City Council desires to amend the City’s Official Zoning Map as detailed in the attached Exhibit B, attached hereto and made a part hereof, and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on March 21, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item dated March 21, 2024 and all written and oral testimony, and adopted Resolution No. 4-24 recommending adoption of the CEQA Addendum prepared for the Project and Resolution No. 5-24 recommending approval of the General Plam and Zoning amendments. The Staff Report, Desk Item and Planning Commission Resolutions are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on April 9, 2024, at which time all interested parties had the opportunity to be heard.

The City Council considered a staff report dated April 9, 2024 (including background reports), incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. The City Council adopted Resolution XXXX-24, dated April 9, 2024, and incorporated herein by reference, adopting an Addendum to the 2040 General Plan City Council/RSA Agenda 171 Tuesday, April 9, 2024
Ordinance XXX-24

Page 2 of 2 ends

Environmental Impact Report for the amendments to the City’s Official Zoning Map (A-24-001).

SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.

1. The proposed Municipal Code Amendments are consistent with the General Plan,

2. The proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18.

SECTION 4. Approval. The City Council hereby approves the amendments to the City’s Official Zoning Map, labeled Exhibit B, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 172 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B1
Proposed Zoning – Area B1
City Council/RSA Agenda 173 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B2
Proposed Zoning – Area B2
City Council/RSA Agenda 174 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B3
Proposed Zoning – Area B3
City Council/RSA Agenda 175 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B4
Proposed Zoning – Area B4
City Council/RSA Agenda 176 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B5
Proposed Zoning – Area B5
City Council/RSA Agenda 177 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B6
Proposed Zoning – Area B6
City Council/RSA Agenda 178 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B7
Proposed Zoning – Area B7
City Council/RSA Agenda 179 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B8
Proposed Zoning – Area B8
City Council/RSA Agenda 180 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B9
Proposed Zoning – Area B9
City Council/RSA Agenda 181 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B10
Proposed Zoning – Area B10
City Council/RSA Agenda 182 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B11
Proposed Zoning – Area B11
RM 1500
City Council/RSA Agenda 183 Tuesday, April 9, 2024
Exhibit B: Existing and Proposed Zoning
Existing Zoning – Area B12
Proposed Zoning – Area B12
City Council/RSA Agenda 184 Tuesday, April 9, 2024
ATTACHMENT 4

Agenda Item
DATE: MARCH 21, 2024
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO THE GENERAL PLAN LAND USE
DIAGRAM (AG-24-001) AND THE OFFICIAL ZONING MAP (A24-001) APPLICANT: THE CITY OF UNION CITY
REQUEST: The City of Union City is proposing amendments to the General Plan Land Use Diagram and Official Zoning Map
LOCATION: Multiple locations
ENVIRONMENTAL ASSESSMENT:

An Addendum to the 2040 General Plan Environmental Impact Report (EIR) (State Clearinghouse No. 2018102057) has been prepared consistent with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, and is included in this staff report as Exhibit C. The Addendum has demonstrated that the project would not result in any new significant impacts, nor would it substantially increase the severity of previously identified significant impacts.

City Council/RSA Agenda 185 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 2
The City of Union City is proposing to amend the General Plan Land Use Diagram (AG24-001) and Official Zoning Map (A-24-001) for multiple sites, both for consistency with the 2040 General Plan and to better align with existing parcel lines, building locations, and historic and current land uses. Only map amendments are proposed; there are no text amendments proposed for either the General Plan or the Zoning Ordinance.

Diagrams showing the proposed amendments are attached to this staff report and labeled Exhibit A and Exhibit B. For more information regarding the land use and zoning designations included in this report and the exhibits, see the General Plan 2040 Land Use Chapter (https://www.unioncity.org/DocumentCenter/View/10972/2040-GP---Chapter3-Land-Use_102623-update) and Title 18, Zoning, of the Union City Municipal Code (https://ecode360.com/43313269#43313269).

I. BACKGROUND
Project Overview
The proposed amendments can be broken down into two categories. The first category includes amendments to a site’s land use designation shown on the 2040 General Plan (2040 GP) Land Use Diagram, as well as the zoning designation shown on the Official Union City Zoning Map. Exhibits labeled Area A1-A4 show the general plan amendments and the Exhibits labeled Area B1-B4 shows the related zoning map amendments.

These “clean-up” actions are proposed to better align zoning and general plan boundaries with existing property lines, with existing building locations, and/or with historic and current uses of the property. In addition, there is one parcel (APN 482-27-7-15) that is incorrectly identified as Residential (10-17 du/ac) in the General Plan and Light Industrial (ML) on the Zoning Map but was intended to be Open Space on both the General Plan Land Use Diagram and Zoning Map, since the property is used as a drainage canal. The Official Zoning Map legend is also proposed to be updated for clarity as detailed in Exhibit B.

The second category includes parcels proposed to be rezoned for consistency with the 2040 GP adopted December 10, 2019. These changes are shown in Exhibits labeled Areas B5-B12. State law requires that the Official Zoning Map be consistent with the adopted General Plan Land Use Diagram.

City Council/RSA Agenda 186 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 3
II. DISCUSSION
General Plan Land Use Diagram Amendments
Amendments are proposed to update the general plan and zoning designations shown on the 2040 GP Land Use Diagram and the Official Zoning Map for the parcels identified in Table 1. Table 1 also includes the reason for the proposed update. As detailed above, Exhibit labeled Areas A1-A4 show the general plan amendments and Exhibits labeled Areas B1-B4 show the corresponding zoning map amendments.

Table 1. Proposed General Plan Land Use Diagram Changes Exhibit A
Map No.

APN Existing GP
Designation
Proposed GP
Designation
Rationale for Change
A1 483-15-68 Residential (10-17
du/ac) (R 10-17)
Private
Institutional (PI)
Align with current and
historic property use
483-15-69 R 10-17 PI Align with current and
historic property use
A2 482-27-7-15 R 10-17 Open Space
(OS)
Align with use as a
drainage canal
A3
475-150-8-3
Special Industrial
(MS) & Light
Industrial (ML) MS &ML
Ensure designation does
not split a building
475-150-9-1 MS & ML MS & ML
Ensure designation does
not split a building
475-111-60 MS & ML MS & ML
Ensure designation does
not split a building
475-111-59 MS & ML MS & ML
Ensure designation does
not split a building
475-111-15-11 MS & ML MS & ML
Ensure designation does
not split a building
475-111-41 MS & ML ML
Ensure designation
follows property line
475-111-42 MS & ML MS
Ensure designation
follows property line
475-111-61 ML
Civic Facility
(CF)
Align with current and
historic property use
475-111-43 MS & ML CF
Align with current and
historic property use
475-100-4 MS & ML MS & ML
Ensure designation does
not split a building
City Council/RSA Agenda 187 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 4
475-100-38 MS & ML MS & ML
Ensure designation does
not split a building
475-111-11 MS & ML MS
Ensure designation
follows property line
475-111-10 MS & ML MS
Ensure designation
follows property line
475-100-36 MS & ML MS
Ensure designation
follows property line
A4
475-111-14 MS & ML MS & ML
Align designation
boundary with adjacent
property
475-111-11 MS & ML MS Ensure designation
follows property line
475-111-10 MS & ML MS Ensure designation
follows property line
475-100-36 MS & ML MS Ensure designation
follows property line
475-100-4 MS & ML MS & ML Ensure designation does
not split a building
475-100-38 MS & ML MS & ML
Align designation
boundary with adjacent
property
See below for some additional detail regarding the proposed general plan and zoning amendments. The corresponding area number from the exhibits is shown for ease of review.
• Dowe Business Park, Central Plaza, Provender Business Park, and Tarlton Properties, Alvarado-Niles Road (Area A3, A4, B3 and B4) Along portions of Alvarado-Niles Road generally between Western Avenue and Hop Ranch Road, the first 90 feet of frontage on the easterly side of Alvarado-Niles Road has a general plan and zoning designation of Special Industrial (MS) and the remaining portion of the property has a general plan and zoning designation of Light Industrial (ML). This configuration results in the boundary between the two designations going though sites and /or buildings and staff having to make an interpretation on which designations to apply. Staff is proposing to relocate the boundary lines of the two designations, so they better align with property lines and reflect the designations historically applied to the property by Planning City Council/RSA Agenda 188 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 5
Division staff. The update will also facilitate the expansion of a long-term Union City business, Elite Badminton Facility, located in the Central Plaza development. • US Post Office, 33168-31170 Alvarado-Niles Road (Area A3, B3). The Post Office site is proposed to be redesignated from MS/ML to City Facility (CF) consistent with all public buildings/sites within Union City.
• Masjid Al-Huda, 3880 Smith Street (Area A1 and B1). The site has split designations, which correspond to underlying parcel lines. A portion of the site, which accommodates parking and some support buildings, has a general plan and zoning designation of RM 2500, which permits multi-family residential development. The remainder of the site has a Private Institutional (PI) general plan and zoning designation. The City is proposing to update the designation from RM 2500 to PI to better align the existing use with zoning/general plan designations for the remainder of the site. The use is considering some upgrades to their site and this update will remove the requirements for enhanced setbacks associated with the current residential zoning designation.

Zoning Map Amendments
As part of implementation of the 2040 GP, the City is proposing several amendments to the Official Zoning Map. Aside from the proposed zoning map amendments discussed in the section above, the majority of the zoning map amendments are proposed to ensure a subject property’s zoning designation is consistent with its’ general plan designation, which is required by State law. See Exhibit B showing all parcels where a change to the Official Zoning Map is proposed. Table 2 below identifies each of these parcels, along with a rationale for each change proposed. See below for some additional detail regarding some of the proposed amendments included in Table 2.
• Monarch At Soares Ranch, Alvarado Niles Road / Madelyn Terrace (Area B10).

The site, which accommodates 63 townhomes and related common areas, was included in the City’s previous Housing Element, which covered the period from 2015-2023, as a future site for housing. Consistent with State law and the prior Housing Element, the site was rezoned from RM 1500, which is a multi-family residential designation to RM 1500–HE. The addition of “HE” to the site’s base zoning designation of RM 1500 was to make it clear that the site, which was vacant at the time, had to be developed at a specific density, which it was. Now that the City Council/RSA Agenda 189 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 6
City has adopted an updated Housing Element and the project site has been developed, staff is proposing to rezone the property back to its prior designation of RM 1500.
• 511 Open Space (Area B8 and B9). The term “511” applies to a 511-acre (+/-) neighborhood generally bounded by Union City Boulevard to the east, Remora Drive to the north and Union City’s westerly and southerly boundary lines. The “511 Specific Plan” was adopted in 1987 and informed how the area was built out.

You can view the 511 Specific Plan on-line at
https://www.unioncity.org/603/Long-Range-Planning-Projects. There are several properties, which were set aside as permanent open space / habitat and currently used as such. The City is proposing to amend the zoning designations for these properties from “511” to “Open Space (OS)” consistent with the current General Plan designation of Open Space. This change will have no impact on how the properties are currently used. This change removes any ambiguity that the properties are available for residential development which they are not. In addition, this area accommodates the closed Turk Island landfill. A similar update is proposed to update the zoning designation for this site from 511 to OS. • Calaveras Landing (Area B12). Zoning map updates are proposed to the Calaveras Landing shopping center located along Industrial Parkway SW. The shopping center accommodates a Food Max, Home Depot, Advance Auto Parts, Taco Bell, and several in-line retail stores and restaurants. The site has a zoning designation of Special Industrial (MS). The shopping center obtained a Use Permit in 1990 to allow for commercial uses, which substantially expanded what could be established under the site’s MS zoning designation. As part of the GP 2040 update, the site’s general plan designation of MS was updated to “Regional Retail Commercial” along with the Union Landing Shopping Center. This designation is generally applied to commercial shopping centers serving a citywide or regional market located on large sites along freeways. To better align the zoning with the historic and current uses of the property, staff is proposing to update the zoning designation to Community Commercial (CC), which allows for a variety of commercial uses. This designation is applied to the majority of our major City Council/RSA Agenda 190 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 7
shopping areas. This will also remove the requirement for new food uses to obtain a Use Permit, which is currently a requirement in the MS zoning district.

Table 2. Proposed Zoning Map Changes
Exhibit B
Map No.

APN Existing Zoning
District
Proposed
Zoning
District
Rationale for Change
B1 483-15-68 Multifamily
Residential (RM
2500)
Private
Institutional
(PI)
Align with current and
historic property use
483-15-69 RM 2500 PI Align with current and
historic property use
B2 482-20-19-5 Agricultural (A) Open Space
(OS)
Align with 2040 GP
482-20-9 Light Industrial
(ML)
OS Align with 2040 GP
482-27-7-15 ML OS Align with use as a drainage
canal
B3
475-150-8-3
Special Industrial
(MS) & ML MS & ML
Align with adjacent property
boundary
475-150-9-1 MS & ML MS & ML
Ensure designation does not
split a building
475-111-60 MS & ML MS & ML
Ensure designation does not
split a building
475-111-59 MS & ML MS & ML
Ensure designation does not
split a building
475-111-15-
11 MS & ML MS & ML
Ensure designation does not
split a building
475-111-41 MS & ML ML
Ensure designation follows
property line
475-111-42 MS & ML MS
Ensure designation follows
property line
475-111-61 ML
Civic
Facility
(CF)
Align with current and
historic property use
475-111-43 MS & ML CF
Align with current and
historic property use
B4
475-111-14 MS & ML MS & ML Align designation boundary
with adjacent property
475-111-11 MS & ML MS Ensure designation follows
property line
City Council/RSA Agenda 191 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 8
475-111-10 MS & ML MS Ensure designation follows
property line
475-100-36 MS & ML MS Ensure designation follows
property line
475-100-4 MS & ML MS & ML Ensure designation does not
split a building
475-100-38 MS & ML MS & ML Align designation boundary
with adjacent property
B5
486-6-28-1
Community
Commercial (CC)
Corridor
Mixed Use
Commercial
(CMU)
Align with 2040 GP
486-6-31 CC CMU Align with 2040 GP
486-6-32 CC CMU Align with 2040 GP
486-6-33 CC CMU Align with 2040 GP
486-6-34 CC CMU Align with 2040 GP
486-6-81-4 CC CMU Align with 2040 GP
486-6-82 CC CMU Align with 2040 GP
486-6-84-1 CC CMU Align with 2040 GP
486-3-64 CC CMU Align with 2040 GP
B6
475-50-18
General Industrial
(MG) MG & ML
Align with 2040 GP
475-50-19 MG MG & ML Align with 2040 GP
B7 482-96-16-1 A OS Align with 2040 GP
482-96-16-2 A OS Align with 2040 GP
482-96-17 A OS Align with 2040 GP
482-5-1-3 A OS Align with 2040 GP
482-5-11-3 A OS Align with 2040 GP
482-96-18 A OS Align with 2040 GP
482-96-19 A OS Align with 2040 GP
B8 482-40-21 511 OS Align with 2040 GP
482-40-13-7 511 OS Align with 2040 GP
482-40-15-1 511 OS Align with 2040 GP
482-40-7-2 511 OS Align with 2040 GP
482-40-8-1 511 OS Align with 2040 GP
482-40-23 511 OS Align with 2040 GP
482-40-12-1 511 OS Align with 2040 GP
482-40-8-5 511 OS Align with 2040 GP
482-40-8-2 511 OS Align with 2040 GP
482-53-5 511 OS Align with 2040 GP
482-50-1-1 511 OS Align with 2040 GP
City Council/RSA Agenda 192 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 9
482-53-6 511 OS Align with 2040 GP
482-50-10-6 511 OS Align with 2040 GP
B9 482-50-5-2 511 OS Align with 2040 GP
482-50-8 511 OS Align with 2040 GP
482-50-7-2 511 OS Align with 2040 GP
543-361-1 511 OS Align with 2040 GP
B10
475-151-4
Multifamily
Residential (1500)
– Housing
Element (RM
1500-HE)
Multifamily
Residential
(1500)
Align with 2040 GP and
Housing Element
475-183-1 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-10 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-11 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-12 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-13 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-14 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-15 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-16 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-17 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-18 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-19 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-2 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-20 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-21 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-22 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
City Council/RSA Agenda 193 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 10 475-183-23 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-24 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-25 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-26 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-27 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-28 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-29 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-3 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-30 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-31 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-32 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-33 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-34 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-35 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-36 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-37 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-38 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-39 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-4 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-40 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-41 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
City Council/RSA Agenda 194 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 11 475-183-42 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-43 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-44 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-45 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-46 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-47 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-48 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-49 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-5 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-50 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-51 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-52 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-53 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-54 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-55 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-56 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-57 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-58 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-59 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-6 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-60 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
City Council/RSA Agenda 195 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 12 475-183-61 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-62 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-63 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-64 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-65 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-66 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-68 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-69 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-7 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-70 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-71 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-72 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-8 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
475-183-9 RM-1500-HE RM-1500
Align with 2040 GP and
Housing Element
B11
87-11-17-6 OS & RM-1500-HE
OS & RM1500Align with 2040 GP
87-11-15-14 RM-2500 & PI
RM-2500 &
RM-1500
Align with 2040 GP
B12 475-1-12-4 MS CC Align with 2040 GP
475-1-13 MS CC Align with 2040 GP
475-1-16 MS CC Align with 2040 GP
475-1-17 MS CC Align with 2040 GP
475-1-20 MS CC Align with 2040 GP
475-1-21 MS CC Align with 2040 GP
475-1-8-3 MS CC Align with 2040 GP
475-10-24 MS CC Align with 2040 GP
475-10-28 MS CC Align with 2040 GP
City Council/RSA Agenda 196 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 13 CEQA
An EIR was prepared as part of the 2040 General Plan and was certified in November 2019. The EIR evaluated the potential environmental impacts that would result from implementation of the 2040 General Plan. Under CEQA Guidelines Section 15164, preparation of an addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions to the project would result in significant new or substantially more severe environmental impacts than what were previously analyzed. For the proposed amendments to the General Plan Land Use Diagram and Official Zoning Map, the City determined that an Addendum to the EIR was the appropriate document for CEQA compliance.

The City has prepared this Addendum (Exhibit C) in accordance with State CEQA Guidelines Section 15164 to evaluate whether the proposed project’s environmental impacts were adequately examined in the previous environmental analysis in the General Plan EIR or whether any changes trigger supplemental or subsequent review under CEQA Guidelines Section 15162 or 15163. In regard to each environmental topic area analyzed, the Addendum establishes that no substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification, and no new or more severe environmental impacts would occur as a result of the project beyond what was previously analyzed in the General Plan EIR.

Outreach Process
All owners of properties proposed for rezoning, or a changed general plan land use designation were notified by mail of the proposed action of the City. In addition, a notice of public hearing describing the proposed City actions was placed in the Tri-City voice.

To date, staff has not received any inquiries on the proposed action.

Consistent with SB 18, the City notified the list of California Native American tribes, provided by the State Native American Heritage Commission, who have the potential to be impacted by the proposed general plan amendments, an opportunity to consult with the City. Consistent with SB 18, the City provided 90 days for the tribal representative to City Council/RSA Agenda 197 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 14 reach out. This period concluded on February 28 and the City did not receive any requests for consultation.

III. REQUIRED FINDINGS
CEQA
The project must comply with the provisions of the California Environmental Quality Act (CEQA) (Public Resource Code Sections 21000-21189.70.10) and CEQA Guidelines (California Code of Regulations Section 15000-15387)
An Addendum to the 2040 General Plan Final Environmental Impact Report was prepared for the project in compliance with CEQA and the CEQA Guidelines. The following apply to the Planning Commission review of the CEQA Addendum:

1. The decision maker has reviewed and considered the Addendum to the 2040 General Plan Final Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR.

2. The Addendum to the 2040 General Plan Final Environmental Impact Report is the appropriate CEQA document for the project and has been prepared as required by law and the document reflects the independent judgement and analysis of the of the City of Union City, which has exercised overall control and direction of its preparation.

General Plan Amendment
Pursuant to Government Code Section 65358(a), that the proposed General Plan Amendment is in the public interest.

The proposed amendments are in the public interest as they align zoning and general plan boundaries with existing property lines, existing building locations, and/or with historic and current uses of the property. This avoids any confusion regarding the applicable land use designation applied to the property and better reflects how the property has historically been used.

Zoning Map Amendment
Municipal Code Section 18.64.060 requires that, when considering Zoning Text Amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

City Council/RSA Agenda 198 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 15

1. Recommendation whether or not the application should be granted or denied, including the reasons for the recommendation;
Staff recommends the application should be granted. The majority of the zoning map amendments are proposed to ensure a subject property’s zoning designation is consistent with its’ general plan designation, which is required by State law. The proposed zoning map amendments associated with general plan amendments will align zoning and general plan boundaries with existing property lines, existing building locations, and/or with historic and current uses of the property, which avoids any confusion regarding the applicable land use designation applied to the property and better reflects how the property has historically been used.

2. The relationship of the application or proposal to the general plan and any applicable specific plans; and
The proposed zoning map amendments will ensure consistency between the Official Zoning Map and the 2040 GP Land Use Diagram as well as the Station District Specific Plan and 511 Specific Plan.

3. Whether the change is necessary or desirable to achieve the purposes of Title 18.

The proposed Zoning map amendment is necessary and desirable to achieve the purpose of Title 18 because the amendment will promote orderly and beneficial development in the City.

IV. ALTERNATIVES

1. Recommend approval of the proposed zoning map and general plan amendments to the City Council as proposed;

2. Recommend approval of the proposed zoning map and general plan amendments to the City Council with stated modifications;

3. Recommend denial of the proposed zoning map and general plan amendments to the City Council, stating reasons for denial;

4. Continue the matter for further consideration.

V. RECOMMENDATION
City Council/RSA Agenda 199 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 16 Staff recommends that the Planning Commission recommend approval of proposed general plan amendments (shown in Exhibit A) and zoning map amendments (shown in Exhibit B) to the City Council based on the following specific findings:

1. That the EIR Addendum is adequate, complete and in compliance with CEQA and CEQA guidelines; and

2. That the proposed amendments are in the public interest as they align zoning and general plan boundaries with existing property lines, existing building locations, and/or with historic and current uses of the property. This avoids any confusion regarding the applicable land use designation applied to the property and better reflects how the property has historically been used; and

3. That the application should be granted. The majority of the zoning map amendments are proposed to ensure a subject property’s zoning designation is consistent with its’ general plan designation, which is required by State law. The proposed zoning map amendments associated with general plan amendments will align zoning and general plan boundaries with existing property lines, existing building locations, and/or with historic and current uses of the property, which avoids any confusion regarding the applicable land use designation applied to the property and better reflects how the property has historically been use; and

4. That the proposed zoning map amendments will ensure consistency between the Official Zoning Map and the 2040 GP Land Use Diagram as well as the Station District Specific Plan and 511 Specific Plan; and

5. That the proposed Zoning map amendment is necessary and desirable to achieve the purpose of Title 18 because the amendment will promote orderly and beneficial development in the City.

It is further recommended that the Planning Commission adopt resolutions confirming these actions.

City Council/RSA Agenda 200 Tuesday, April 9, 2024
Planning Commission Staff Report, March 21, 2024
GP Land Use Diagrams and Zoning Map Amendments, Page 17 Prepared by
Carmela Campbell, ECD Director; Derek Farmer, Planning Manager; and Aaron Welch, Contract Planner
Attachments
Exhibit A: General Plan Amendments
Exhibit B: Zoning Map Amendments
Exhibit C: Addendum to the 2040 General Plan EIR
City Council/RSA Agenda 201 Tuesday, April 9, 2024
Desk Item
DATE: MARCH 21, 2024
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: CITY SPONSORED AMENDMENTS TO THE GENERAL PLAN LAND USE DIAGRAM (AG-24-001) AND THE OFFICIAL ZONING MAP (A24-001) Staff received questions/comments from Commissioner Lew regarding AG-24-001 and A24-001. The following are the questions/comments received and staff’s responses (shown in italicized font). Please note an older version of Table 1 was inadvertently included in the staff report resulting in some inconsistencies with the exhibits, which are described in more detail below.

1. Staff report, page 3, Table 1, Map No. A3 shows APN 475-15-9-1 but this parcel is not shown in Exhibit A, Map Area A3. Should the parcel number be 475-150-9-1? Please clarify and confirm the proposed designation and rationale for change are correct as shown in the staff report.

Regarding the comment above, a number was inadvertently left out of an Assessor Parcel Number (APN) resulting in an inconsistency between the staff report and the exhibits. Exhibits for Area A3 and B3 show the correct APN of 475-150-9-1. The number included in the staff report for this APN is incorrect and will be updated in the staff report provided to the City Council.

2. Staff report, pages 3 to 4, Table 1, APN 475-111-14 is shown in Exhibit A, Map Area A3 but not listed in Table 1 of the staff report. Please explain this omission and clarify what information should be included in the staff report for this APN.

APN 475-111-14 was inadvertently left out of Table 1. This APN is an unused railroad spur owned by Union Pacific. Staff is proposing to update the zoning and general plan designations to better align with the adjacent property located at 33288 Central Avenue. Table 1 will be updated in the staff report provided to the City Council to add this APN and the related justification. See Figure 2 below showing the APN in its entirety and the relocated boundary between the ML and MS designations.

ATTACHMENT 5
City Council/RSA Agenda 202 Tuesday, April 9, 2024
Desk Item

Page 2 of 5 ends

Union City City CouncilApril 9, 2024

Union City City Council
April 9, 2024